Foresight. Limitation of the Binding Force of Contracts under Romanian Law

Abstract

The present research aims to analyse the unforeseeability of contracts in Romanian legislation. Starting from the context that defines this civil law notion, we will go through the characteristics, the possibility of voluntary and judicial adaptation of the contract, the conditions under which this is possible, and the effects. In Romania, limiting the binding force of contracts is a crucial aspect influenced by various legal traditions. The evolution of contract law in Romania reflects the need to balance contractual freedoms with the protection of fundamental legal rights and the weaker party in contractual relations. Restrictions on liability clauses, the use of subcontractors and adaptation to European standards have shaped the legal landscape regarding contract enforcement and limitations. The Romanian legal system underwent adjustments to align with European directives, emphasizing the importance of good faith, the balance of obligations and the protection of essential contractual elements. The dynamic nature of contractual freedoms and the impact on social and economic activities underline the continuous development of contract law in Romania.