2024
Cristina-Elisabeta ZAMȘA, Associate Professor, Faculty of Law, University of Bucharest, Specificity of damages in the field of contractual unpredictability
DOI: https://www.doi.org/10.31178/AUBD/2024.10
Abstract: The unpredictability is objective both in terms of
verifyng the conditions and in the application of its effetct, both steps being
extraneois to the idea of sanctioning the conduct of one of the paties,
possibly by orrdering the payment of liabilities or compensation. However, certain situations inherent to the
unpredictability mechanism are
identifiable wich allow the issue of compansation awarded either as
compansation for damages or as compensatory indemnity. These situations may arise at the stage of verifying
the conditions of unpredictability (failure to comply with the obligation to
negotiate) at the stage of implementation of the effects of the unpredictability, on the occasion of judicial
adaptation or termination of the contract, or on the occasion of invoking unpredictability in bad faith (in which case it is
necessary to establish the question of law: illegal invocation or abusive
invocation?).
Key words: unpredictability, good faith obligation, damages, compensatory indemnity, civile liability.
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