Part I

George-Alexandru ILIE, Delimitating the Risks in Contracts from Theory of Risks and Other Similar Theories of the Civil Law
The theory of risks in contracts may be qualified as an autonomous concept, which is built on the fortuitous impossibility to perform an agreement. The clear delineation of the theory of risks in contracts from other similar concepts is an argument that speaks in favor of such autonomy. Thus, non-performance of an agreement requires assessing the theory of risks in correlation with rescission (for breach), caducity and refusal to perform. The theory of risks comes close to – yet without overlapping with – the doctrine of impracti¬cability, since both require occurrence of a fortuitous event after an agreement has been concluded (not to be mistaken with the uncertain event component of an aleatory contract). Finally, since it acts as a cause of rescission (lato sensu) of the agreement, the theory of risks must be delineated from nullity and resolutory condition.

Key-words: risks in contracts, non-performance of an agreement, rescission of the agreement

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