The relevant provisions are as follows:
Article 354. (1) An obligation shall come to an end should its fulfilment be impossible due to circumstances for which the debtor is not to blame.
(2) A debtor shall be expected to prove the existence of the circumstances exempting him from liability.
Article 137. (1) Should performance of an obligation by one party in a bilateral contract become impossible due to an event not attributable to either party, the other party's obligation shall be terminated too, while a party performing part of his obligation may request restitution according to the rules of restitution in case of unjust acquisitions.
(2) Should partial impossibility of performance be due to events not attributable to either party, one party may repudiate the contract if the partial performance fails to meet his needs; otherwise the contract shall remain valid, while the other party shall be entitled to request a proportionate reduction of his obligation.
Article 177. (1) An owner shall be exempt from liability by proving that injury or loss took place due to a cause outside the object of property, which could not have been foreseen, avoided or eliminated.
Article 263. A debtor shall be released from liability for loss by proving his inability to perform the obligation, or delay in performing the obligation, was due to circumstances taking place after the contract was entered into which he was unable to eliminate or avoid.
Article 133. (1) Once the parties have entered into the contract, should circumstances emerge which hinder performance of the obligation of one party, or the purpose of the contract cannot be realized, and it becomes evident that the contract no longer meets the expectations of the contracting parties, and that, generally speaking, it would be unjust to maintain the contract in force – the party having difficulty performing its obligation may request its repudiation.
(2) Repudiation of a contract may not be requested if the party claiming the changed circumstances had a duty, at the time of entering into contract, to take into account such circumstances, or if he could have avoided or surmounted them.
(3) A party requesting repudiation of a contract may not rely on changed circumstances which emerged after the expiration of the period during which the party was required to perform his obligation.
(4) A contract shall not be repudiated should the other party offer or accept that the relevant terms of the contract be altered in an equitable way.
(5) After a contract has been repudiated, the court shall, at the request of the other party, impose a duty against the party requesting it, to compensate to the other party an equitable part of the loss sustained due to repudiation.
Article 268. A contracting party responsible for notifying the other party of facts relevant for their mutual relationship, shall be liable for loss sustained by the other party because of non notification or delay.
Social Media cookies collect information about you sharing information from our website via social media tools, or analytics to understand your browsing between social media tools or our Social Media campaigns and our own websites. We do this to optimise the mix of channels to provide you with our content. Details concerning the tools in use are in our privacy policy.