The Article addresses the topic of change of circumstances as regulated in the Draft Common Frame of Reference for a European Private Law (DCFR), Art. III.-110. The first part clarifies what is the factual situation envisaged by the mentioned provision. In the second part, a short comparative review of national and uniform provisions on change of circumstances is analysed, with particular regard to the most recent judicial developments. In the third part, the solution contained in Art. III.-110 DCFR is commented upon and criticised, among others because it downplays the role of the duty to renegotiate, which according to the Author is essential to a provision on change of circumstances and can be derived from the general principle of good faith. Finally, the relationship between force majeure and hardship cases as supervening circumstances is underlined.[...]
Le "changement de circonstances" dans le cadre commun de référence sur le droit européen des contrats
VENEZIANO, Anna
2009-01-01
Abstract
The Article addresses the topic of change of circumstances as regulated in the Draft Common Frame of Reference for a European Private Law (DCFR), Art. III.-110. The first part clarifies what is the factual situation envisaged by the mentioned provision. In the second part, a short comparative review of national and uniform provisions on change of circumstances is analysed, with particular regard to the most recent judicial developments. In the third part, the solution contained in Art. III.-110 DCFR is commented upon and criticised, among others because it downplays the role of the duty to renegotiate, which according to the Author is essential to a provision on change of circumstances and can be derived from the general principle of good faith. Finally, the relationship between force majeure and hardship cases as supervening circumstances is underlined.[...]I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
