Unexpected Circumstances in European Contract Law

doi:10.1017/CBO9780511763335

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.

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Unexpected Circumstances in European Contract Law

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Contents

Frontmatter
pp i-iv

Contents
pp v-ix

List of contributors
pp x-xi

Books in the series
pp xii-xiv

General editors' preface
pp xv-xvi

Preface
pp xvii-xviii

List of abbreviations
pp xix-xxii

Part I - Introduction and context
pp 1-2

1 - Introduction: An approach to the issues and doctrines relating to unexpected circumstances
pp 3-14

2 - Legal history
pp 15-32

3 - Law and economics: the comparative law and economics of frustration in contracts
pp 33-52

Part II - Overview
pp 53-54

4 - Overview: concepts dealing with unexpected circumstances
pp 55-172

Part III - The case studies
pp 173-174

5 - Questionnaire
pp 175-180

6 - The case studies
pp 181-640

Part IV - General comparative remarks
pp 641-642

7 - General comparative remarks: Converging tendencies, remaining differences and the unsolved mystery of adjustment
pp 643-655

Appendix: Some Texts on Change of Circumstances
pp 656-661

Selected bibliography
pp 662-664

Index
pp 665-692

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Unexpected Circumstances in European Contract Law

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