JUSTIFYING IMPEDIMENT AND MAINTAINING CONTRACTUAL BALANCE IN PROFESSIONAL–CONSUMER RELATIONS
Valeria PRAPORȘCIC, Lecturer, PhD student
Trade Co-operative University of Moldova
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Universal Decimal Classification: 366.542:347.440(478)
JEL Classification: K12, K22, D18
Abstract
This article examines how the justifying impediment operates in professional–consumer contracts to preserve contractual balance when performance is disrupted. It translates the exemption criteria—externality, unpredictability, and unavoidability/insurmountability—into concrete evidentiary requirements: proof of a causal nexus between the event and the affected obligation, timely notice to the counterparty, and genuine mitigation efforts.
The analysis also evaluates attestations issued by the Chamber of Commerce and Industry (CCI) as standardized evidentiary support: helpful for structuring facts and reducing uncertainty, yet never a substitute for judicial scrutiny. Distinguishing such excusing events from mere commercial hardship or price increases, the paper proposes an operational checklist of documents and steps for practitioners. The aim is to enable rigorous screening of exemption claims, deter abusive reliance on impediments, and support a fair allocation of risk between consumer and professional while safeguarding contractual balance.
Keywords: justifying impediment; contractual balance; consumer contracts; causation; notice; evidence; contractual risk
