ro fr
universul juridic magazin
Revista Română de Drept Privat

The effects of climate change in terms of contractual unpredictability and the fortuitous enforcement impossibility

Firstly, this study aims to analyse the binding force of the contract and how external factors such as climate change may cause uncertainty and even failure in performance of the contract party obliged to perform. Secondly, the study puts under the spotlight the interests of the contracting parties initially in balance as it regards their obligations, but at the time of execution cease a major imbalance, which may cause a reduction in intensity of the mediated case that has spurred each party signing the contract. To this end, we emphasize both valences of rebus sic stantibus clause and favor contractus principle, which runs like a red thread in the new civil legislation. Climate change affects different economic indicators including the possibility of contracting parties to perform its benefits. The analyzed jurisprudence and the various remedies proposed to counter or mitigate the risks to which the parties are exposed indicates the need for clauses customized to the demands of different sectors, some long-term investment in renewable resources and a commitment to renegotiate the contract if the harmful event occurs.