Parts III - IV

Cristina ZAMŞA, Ph.D. in Law, Lecturer Professor, Reglementation of Duress in the Civil Code Draft
Article  9841 of  the Civil Code Project is inspired from  Principles of European Contract Law. This article commences by enunciating the obligativity to perform the contract – pacta sunt servanda – wether the execution becomes too onerous. Nevertheless, if the performance of the contract became excessively onerous due to the change of circonstance which could not be foreseen at the conclusion of the contract, the Civil Code Project stipulates the obligation that the parties should negociate for reviewing or terminating the contract. The failure of the negociation would determine the access to justice in order to obtain the  contract adaptation or termination.
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