This paper introduces a comparative approach of the fi duciary duty of loyalty in European jurisdictions and examines national regulations and jurisprudential understandings of this duty, which is imported from common law. We will pursue the evolution of interpretations in continental law and analyze recent European studies that extend the scope of loyalty to new areas such as personal data protection or efficient use of natural resourc...

In terms of obligations, in general, and contracts, in particular, the new Civil Code brings innovations, indeed, which will be widely discussed in the doctrine and will make the subject of jurisprudential disputes as well. The paper is an attempt to outline the novelty issues in relation to the general principles applicable to contractual good faith; we hope that, the briefer this is, the more enlightening it will be for jurists, given...

The article is aimed to analyse, through the eyes of a practitioner, the mechanism and legal effects of hardship, a legal concept which was for the first time explicitly regulated under the Romanian law by the new Civil code, which became effective as of October 2011. One particular pragmatic objective of the author was to outline the potential practical issues which may arise due to the large variety of possible situations, correlated...