INFLATION AND PRICE FLUCTUATIONS as a basis for applying Clausula rebus sic stantibus Cover Image

ИНФЛАТОРНЕ И ЦЕНОВНЕ ФЛУКТУАЦИЈЕ КАО ОСНОВ ЗА ПРИМЕНУ CLAUZULE REBUS SIC STANTIBUS
INFLATION AND PRICE FLUCTUATIONS as a basis for applying Clausula rebus sic stantibus

Author(s): Predrag Stojanović, Ilija Zindović
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Public Finances
Published by: Правни факултет Универзитета у Нишу
Keywords: clausula rebus sic stantibus; policy; implementation; inflation; prices; contract

Summary/Abstract: In this paper, the authors analyze whether and to what extent inflation and price fluctuations are may be the basis and justification for the application of clausula rebus sic stantibus in contractual relations. The authors infer that inflation, monetary and price changes are only one type of contractual circumstances which can disrupt the contract balance which existed at the time of conclusion of the contract and significantly impede the fulfillment of their obligations, thus call into question the purpose and the meaning of the contract. The competent court assesses the importance of these circumstances by examining whether the parties have fulfilled other conditions for the application of this rule.

  • Issue Year: LXIV/2013
  • Issue No: 64
  • Page Range: 99-123
  • Page Count: 26
  • Language: Serbian