Sondaje 6

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Liviu Titus PAVELIU - DISCUSSION REGARDING GOOD FAITH AND CHANGE OF CIRCUMSTANCES

DISCUSSION REGARDING GOOD FAITH

AND CHANGE OF CIRCUMSTANCES

Liviu Titus Paveliu[1]

Abstract

The current economic climate underlines the importance and necessity of proper legal mechanisms which can enforce parties’ protection and expectations in regard to unexpected changes of circumstances which may occur during contract performance.

The aim of this paper is to highlight how the institution of „change of circumstances” has been regulated in the newly enacted Romanian Civil Code, while also undertaking a comparative analysis in regard to the Principles of European Contract Law and the Common Frame of Reference.

Before the enactment of the present Civil Code, change of circumstances was viewed as more of a jurisprudential and doctrinal solution to given legal problems which affected contractual balance; however, the current legislation has recognized both change of circumstances and good faith through express provisions. In the context of the principle of good faith we have a better understanding of its role in the change of circumstances and of how the former is applicable in the field of contract performance.

Keywords: change of circumstances, good faith, Romanian Civil Code, European contract law, comparative law

pp 55-65    <<download>>


[1] Liviu Titus Paveliu is Ph.D. candidate at Bucharest University of Economic Studies, Romania; contact: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Last Updated on Thursday, 31 July 2014 11:43