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Universul Juridic magazin

Debates on the plea of lack of prior procedure in the matter of imprevision

The New Romanian Civil Code expressly regulates the institution of imprevision in article 1271 and from this point of view places Romania among the most liberal legislations in Europe. This study aims at examining the legal regime of the plea of lack of prior procedure in this matter, identifying also the difficulties that the debtor has to overcome in order to try to negotiate the reasonable and fair amendment of the agreement within a reasonable time and in good faith.