Browsing by Author "Praporşcic, Valeria"

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    Impedimentul justificator : provocări şi implicaţii pentru părţile contractuale şi economie
    (CEP USM, 2024-09-20) Praporşcic, Valeria
    The article emphasizes the importance of the “justificatory impediment” in maintaining stability and predictability of contractual relationships, particularly in the context of contemporary crises. Its relevance stems from the rise in unforeseeable situations (pandemics, conflicts) and their impact on contractual obligations. By clarifying this concept and distinguishing it from force majeure and hardship, the author examines the legal and economic challenges arising when it is invoked. The purpose of the research is to highlight the need for a coherent legal framework that safeguards the parties’ interests and ensures balance in commercial transactions.
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    Soluţionarea alternativă a litigiilor în contextul apariţiei unui impediment justificat
    (CEP USM, 2024-11-07) Praporşcic, Valeria
    In the dynamic context of contractual relationships, effectively managing disputes arising from justifiable impediments is crucial for maintaining integrity and predictability in the implementation of commercial contracts. This article explores alternative dispute resolution methods in the context of justifiable impediments arising in contractual relationships. The objectives of this study are to examine the concept of justifiable impediments, evaluate the effectiveness of mediation and arbitration in resolving disputes triggered by such impediments, present relevant case studies, and provide practical recommendations for legal practitioners and contract parties. The research employs a comparative analysis approach, utilizing case studies to illustrate the application of alternative dispute resolution methods. Key findings highlight the flexibility and efficiency of mediation and arbitration compared to traditional litigation in managing disputes arising from unforeseen circumstances or force majeure events. This study contributes to enhancing understanding of how alternative dispute resolution mechanisms can mitigate the impact of justifiable impediments on contractual relationships, promoting more adaptive and resilient legal frameworks.