The price in commercial contracts: limits and case law applications

Abstract

The aim of the article is to analyze in detail various perspectives on what it concerns the price in business contracts in the light of the national and the international law: from the possibility of qualification and interpretation of a contract on the basis of the price that the parties established by mutual agreement to the advantages of introducing the hardship, the indexation and also the alignment clauses in the contract, concluding with the description of the conditions that a third party chosen by the parties must meet when it comes to determine the price of a contract. Last, but not least, there will be exposed some extra arguments regarding the definition of the determinable price in order to clarify the potential issues with the provisional price, the approximate price, the differences between them and the validity of the clauses that include such prices. All these will be complemented concluded with the case-law of the Court of Justice of the European Union, by exposing the principles and the guidelines that are relevant both in the research field and in the court, when it comes to practicing law, theories that govern the price in business contracts.