The paper aims to analyze the interference of the COVID-19 pandemic with the execution of civil contracts, discussing how economic agents affected in their activity by the combined action of the pandemic and the legislative measures enacted in order to fight it can use the theory of hardship or force majeure/fortuitous case. The authors consider that a case-by-case analysis shall be needed, as the same fact may have different legal ...

The concern of the European and national legislators for consumer protection is due to the fragile position it occupies in a credit agreement. The role of the CJEU is to establish a unitary standard for the interpretation of the provisions of Directive no 1993/13/EEC on unfair terms in consumer contracts, applicable in all Member States, but it is for the national courts to verify whether a clause contrary to the requirement of good faith, cau...

Background: On 15 January 2015, the Swiss National Bank announced that the measures established on September 11, 2011, when it had decided to support a franc exchange rate of 1.20 francs per euro, would be changed. As a result, the exchange rate of the franc in Romania raised from 3.7 lei / franc, on 14.01.2015, to about 4.6 lei / franc, on 23.01.2015, thus surpassing the euro’s exchange rate.This event has put great financial pressure o...

The present study analyses the applicability of hardship în foreign currency loan agreements given that such a form of judicial intervention into the contract is now being regulated by the Civil code. The analysis refers not only to elements of comparative law and of international commercial law, but also to the part to be played, within the field of hardship, by the principle of monetary nominalism and by the classic and contemporary relevan...

The coming into effect of the new Civil Code meant, among others, the changing of the contractual paradigm based on the principle of autonomy of will. The principle of the contractual balance is the new coordinator of the life of the contract and its conceptual tools are lesion – as vice of consent – and unpredictability. Both institutions are designed to ensure harmony of the content of the contract: the first one, in the initial moment, of i...

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 to the...

This article represents the first part of a study aimed to provide an overview of the main novelties related to contractor’s liability under the Romanian Civil code. In their study, the authors referred to the relevant provisions of the Québec Civil code, as it represented one of the main sources of inspiration for the Romanian Civil code, and to the related doctrine as well. The authors also outlined the potential issues to arise due to the ...