Abstract:

Social progress is determined, among other things, of economic growth, thus implicitly reducing the budget deficit. The measures adopted by the Government in this regard and legal framework must provide solutions that relationships developed by economic agents to be placed on an upward trend since, of course, the current economic and social context. On this regard, its execution must be carried out according to the principles of solidarism and of contractual balance so that both sides involved to profit. Also, under these guidelines, the losses should be borne by both contractors, in order to avoid creating an imbalance between benefits leading to unjustified enrichment of one party and to the bankruptcy of the other. However, some obligations undertaken in the context of 2007, before the global crisis, have undergone substantial transformation, becoming particularly onerous for the borrower. In this context, the legislator, in current Civil Code explicitly consecrates the unpredictability theory, opening the way to renegotiate and to adaptation of contracts.