Challenges of the Knowledge Society (May 2013)
UNFORESEEABILITY ACCORDING TO THE REGULATIONS OF THE ROMANIAN CIVIL CODE. LEGAL NATURE
Abstract
Unforseeability is regulated for the first time within the Romanian legal system, by the Civil Code, at article 1271, which integrates it to the effects of the contract between parties. On the basis of the legal norms included by the Civil Code, specialized doctrine and legal literature, the present study aims to carry out a monographic approach, aiming to determine the specific legal nature of unforseeability – considered exception from the “compulsory force” of a contract, cause authorized by law for adapting or terminating a contract, reason for revising the effects of contracts concluded, subject to the restrictive regime instituted by article 1271 of the Civil Code, having to respect the requirements of special law, when they exist; although unforseeability is a cause for adapting a contract, it is nonetheless subsidiary to the legal will of the parties. It must be stressed the usefulness of the present study with a monographic character, under the circumstances in which legal doctrine approaches unforseeability mainly from the perspective of its legal effects, which overcome here the theme of the study.
