Imprevision Principle in the Romanian Legislation

摘要

The mutations turned up at world, European and national level in the political and economic systems of states, the substance changes regarding the structure and content of the international commercial relationships permanently subjected to often abrupt and unpredictable changes require more than ever the reassessment of the notion of "risk" of the events or circumstances that determine the impossibility of fulfillment of a contractual obligation assumed by one party or whose fulfillment would prejudice, since it has become so troublesome, the interests of the debtor who has to fulfill the obligation, if they, however, would fulfill it in the new conditions. In case of the contracts entailing an execution over time, such as the successive performance contracts or those affected by a suspensive term, there is the possibility that the occurrence of certain events prior the conclusion of contract should lead to an unbalance to the detriment of one of the contractual parties, usually to the debtor's detriment. The debtor will no longer be able to execute their obligation provided in the contract not because the obligation is impossible to fulfill but due to the fact that the fulfillment of obligation would place the debtor into a very difficult economic situation, maybe even bankruptcy. More precisely, we witness an excessive onerousness of debtor's obligation that they did not take into account upon contracting. In this case, the judge is asked to intervene and to apply the theory of imprevision so as to reestablish the contractual balance broken due to some circumstances unforeseen by the parties upon the conclusion of contract and unforeseeable on such date, in default of some express clauses or legal provisions that might authorize the debtor to revise the contract.