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The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Sommario
List of contributors; General editors' preface; Preface; List of abbreviations; Part I. Introduction and Context: 1. Introduction: an approach to the issues and doctrines relating to unexpected circumstances Ewoud Honduis and Hans Christoph Grigoleit; 2. Legal history Andreas Thier; 3. Law and economics: the comparative law and economics of frustration in contracts Marta Cenini, Barbara Luppi and Francesco Parisi; Part II. Overview: 4. Overview: concepts dealing with unexpected circumstances; Part III. The Case Studies Ewoud Honduis and Hans Christoph Grigoleit: 5. Questionnaire; 6. The case studies; Part IV. General Comparative Remarks: 7. General comparative remarks: converging tendencies, remaining differences and the unsolved mystery of adjustment Ewoud Honduis and Hans Christoph Grigoleit; Appendix. Some texts on change of circumstances; Selected bibliography; Index.
Info autore
Ewoud Hondius is Professor of European Private Law at Utrecht University, the Netherlands.Hans Christoph Grigoleit holds a chair in civil law, commercial law, corporate law and private law theory at Ludwig Maximilian University of Munich, Germany.
Riassunto
Jurisdictions all over Europe have to deal with the question of whether or not unexpected circumstances can lead to adaptation, termination or renegotiation of existing contracts. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
