MODIFICATION OR DISSOLUTION OF CONTRACTS DUE TO CHANGED CIRCUMSTANCES

(CLAUSULA REBUS SIC STANTIBUS)

Authors

DOI:

https://doi.org/10.25234/pv/5686

Keywords:

hardship (frustration) clause (clausula rebus sic stantibus), changed circumstances, contract modification and termination, unilateral contract, aleatory contract

Abstract

This paper deals with the influence of hardship (frustration) clause (clausula rebus sic stantibus) on the contract and the possibility of the party affected by changed circumstances to request a judge to modify or terminate the contract. The paper presents a brief historical overview of the institute of clausula rebus sic stantibus in Croatian and some European legal systems. The conditions under which the affected party can make a claim to the court are listed and analyzed in the context of possible solutions de lege ferenda. Special attention is given to the scope of this clause, with the emphasis on unilateral contracts. Since case law always had a big impact on this institute, the paper brings numerous court decisions pertaining to modification or termination of contracts due to changed circumstances.

Author Biographies

Dubravka Klasiček, Chair of Civil Law, Faculty of Law, Josip Juraj Strossmayer University of Osijek. Stjepana Radica 13, 31000 Osijek, Republic of Croatia

PhD, Assistant Professor

Marija Ivatin, Dalmatinska 2B Ordanja, 31224 Koška, Republic of Croatia

LLM

Downloads

Published

2018-07-25

Issue

Vol. 34 No. 2 (2018)

Section

Review article

License

Copyright (c) 2018 Dubravka Klasiček, Marija Ivatin

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Authors retain the copyright on the papers published in the Journal, but grant the right of first publication to the Journal. Papers accepted for publication or already published in Pravni vjesnik of the Faculty of Law in Osijek may be published by the author(s) in other publications only with proper notice of its previous publication in Pravni vjesnik.