Determinarea preţului de către un terţ. Câteva probleme privind articolele 1.182, 1.232 şi 1.662 din Codul civil

Rezumat

The mechanism of determination of the price by a third person falls into the category of efficiency tools for economic transaction. The “contract” becomes a contract from the moment the parties agree on the mechanism for determination of the price by a third person, and the third person becomes “third person” from the moment it contracts with the parties. If for the parties the decision to establish a certain contractual content is a true business decision, for the expert third person the determination of the price is a professional decision, which is imposed on the parties in the same way as/ their own decision. By choosing to have their contract price set by a third person, the parties do not waive their own discretionary decision power in favour of an arbitrary expert decision, but are bound to tolerate deviations from their reasonable expectations. The intolerable limit of the action of the third person is the “manifest unreasonableness” of the price, which can be corrected judicially by calling on another expert third person.