Crizele energetice și imposibilitatea obiectivă de executare a contractelor [Articol]

Abstract

This article examines the legal implications of recent global energy crises in the context of the objective impossibility of performing contractual obligations. The primary objective is to assess whether events such as extreme price volatility and geopolitical threats—such as the potential closure of the Strait of Hormuz or the war in Ukraine—may justify non-performance under civil law through the doctrine of the justificatory impediment. The methodology combines doctrinal and comparative legal analysis, supported by relevant national and international case law. The study includes references to real-life cases and explores the conceptual distinction between economic hardship and true objective impossibility. The research concludes that modern contract law should incorporate more adaptable contractual clauses, especially in long-term supply agreements within the energy sector, in order to reduce litigation and maintain economic equilibrium during crises.