The justificatory impediment in agricultural cooperatives’ contracts - legal solutions for economic resilience [Articol]

Abstract

Contracts form the foundation of the economic activities of agricultural cooperatives, yet they are exposed to unpredictable external factors that may hinder the fulfillment of contractual obligations. The justificatory impediment, including force majeure, fortuitous events, and hardship, plays a crucial role in protecting contracting parties in such situations. However, existing regulations and legal mechanisms for managing these impediments are not always adapted to the specific needs of agricultural cooperatives, which depend on unstable climatic, economic, and geopolitical factors. The aim of this article is to analyze the impact of the justificatory impediment on the contracts of agricultural cooperatives and to propose legal solutions that enhance their economic resilience. The main objectives of the study are to identify the specific contractual vulnerabilities of agricultural cooperatives, examine the applicable legal mechanisms across different legal systems, and formulate recommendations for adapting legislation and contractual practices. The scientific novelty of this article lies in its interdisciplinary approach to the justificatory impediment, analyzing it from both contract law and economic sustainability perspectives. The relevance of this study stems from the need to develop effective legal mechanisms that ensure contractual balance and economic stability for cooperatives in the face of external risks, thereby contributing to the strengthening of the agricultural sector and the protection of farmers' interests