標題: The effect of a transfer of ownership this does not [打印本頁] 作者: Roselin67 時間: 2023-12-28 18:54 標題: The effect of a transfer of ownership this does not Aapplication of unpredictability a concept deriving from the good faith that must characterize the execution of the contract must be carried out taking into account the idea of the risk of the contract. The Court finds that the pacta sunt servanda rule requires the consideration of elements such as good faith and equity in the conditions of the fundamental change in the conditions for the execution of the contract. The Court notes that the unpredictability constitutes only an apparent exception to the principle of the autonomy of the will of the parties.
The Court notes that Law no. regulates specific Country Email List situations that do not refer to the general regime of property in the sense that it only concerns a way of executing some obligations derived from the credit agreement in the event of unforeseen events. Even if the application of Law no. has mean that the law itself regulates the general regime of ownership a phrase that refers to the general framework of ownership in Romania and not any transfer of ownership as a result of the application of some institutions of civil law. The Court also notes that most of the loan contracts targeted by the criticized law were concluded between and the legal framework from that date being applicable to these contracts.
Thus common law was the Civil Code in force at that time and additional regulations specific to the banking field were found in Law no. regarding mortgage credit for real estate investments published in the Official Gazette of Romania Part I no. of December . The Court notes however that Law no. also applies to contracts that were concluded based on other legal provisions than those of Law no. . In other words some loans that were not contracted for the purpose of purchasing real estate were guaranteed by establishing.
