DEJSTVO PROMENJENIH OKOLNOSTI NA UGOVORNE ODNOSE (POKUŠAJ HARMONIZACIJE PRAVA EVROPSKIH ZEMALJA)
EFECTS OF CHANGE OF CIRCUMSTANCES ON CONTRACTUAL RELATIONS

Summary/Abstract: The article analyzes what The Commission on European Contract Law (known Lando Commission) in its Restatement called Principles of European Contract Law, 1997, proposes concerning effects of change of circumstances on contractual relations. The comparison is made between this Principles and Yugoslav Law on Contract. There are two fundamental differences between the Principles and Yugoslav law. Firstly, the Principles do not provide that a contract may be discharged because if the frustration of purpose. Secondly, according to the Principles, the court may terminate the contract or adapt the contract in order to distribute between the parties in a just and equitable manner the losses and gains resulting from the change of circumstances, if the parties fail to reach agreement within reasonable period. It is duty for the parties to negotiate. According to Yugoslav law negotiations are not mandatory. But if on request of one party court terminates contract, it will award just damages to the other party.

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