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The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision (Hardcover, 1st ed. 2016)
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The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision (Hardcover, 1st ed. 2016)
Series: Ius Comparatum - Global Studies in Comparative Law, 17
Expected to ship within 12 - 17 working days
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This book is about one of the most controversial dilemmas of
contract law: whether or not the unexpected change of circumstances
due to the effects of financial crises may under certain conditions
be taken into account. Growing interconnectedness of global
economies facilitates the spread of the effects of the financial
crises. Financial crises cause severe difficulties for persons to
fulfill their contractual obligations. During the financial crises,
performance of contractual obligations may become excessively
onerous or may cause an excessive loss for one of the contracting
parties and consequently destroy the contractual equilibrium and
legitimate the governmental interventions. Uncomfortable economic
climate leads to one of the most controversial dilemmas of the
contract law: whether the binding force of the contract is absolute
or not. In other words, unstable economic circumstances impose the
need to devote special attention to review and perhaps to narrow
the binding nature of a contract. Principle of good faith and fair
dealing motivate a variety of theoretical bases in order to
overcome the legal consequences of financial crises. In this book,
all these theoretical bases are analyzed with special focus on the
available remedies, namely renegotiation, rescission or revision
and the circumstances which enables the revocation of these
remedies. The book collects the 19 national reports and the general
report originally presented in the session regarding the Effects of
Financial Crises on the Binding Force of Contracts: Renegotiation,
Rescission or Revision during the XIXth congress of the
International Academy of Comparative Law, held in Vienna, July
2014.
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