CLAUSES REBUS SIC STANTIBUS IN THE CONTEXT OF CREDIT AGREEMENTS WITH FOREIGN CURRENCY Cover Image

KLAUZULE REBUS SIC STANTIBUS W KONTEKŚCIE UMÓW KREDYTOWYCH Z WALUTĄ OBCĄ
CLAUSES REBUS SIC STANTIBUS IN THE CONTEXT OF CREDIT AGREEMENTS WITH FOREIGN CURRENCY

Author(s): Katarzyna Ciućkowska
Subject(s): Law on Economics, Commercial Law
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: rebus sic stantibus; pacta sunt servanda; credit agreements; frustration;

Summary/Abstract: This article deals with issues of application rebus sic stantibus clauses to credit agreements with foreign currency. In this regard opinions are divided and as well doctrine as judicature cannot give a clear answer. The author in looking for a solution of the problem presents the historical context of rebus sic stantibus clause and pacta sunt servanda rule, describing their mutual relations. Observed for some time revival of rebus sic stantibus clause and weakening of the pacta sunt servanda rule gives the basis for thesis that adaptation this clause to credit agreements with foreign currency is not excluded.

  • Issue Year: 2018
  • Issue No: 23
  • Page Range: 119-131
  • Page Count: 13
  • Language: Polish