PROMIJENJENE OKOLNOSTI (CLAUSULA REBUS SIC STANTIBUS)
CHANGED CIRCUMSTANCES (CLAUSULA REBUS SIC STANTIBUS)
Author(s): Enes Bikić, Amina HasanovićSubject(s): Civil Law, International Law, Commercial Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: pacta sunt servanda; rebus sic stantibus; change of circumstances; termination; adaptation of the contract; fulfilment of the contractual obligation;
Summary/Abstract: Even though on of the most important principles of contractual relations is pacta sunt servanda, an exemption can be granted in order to establish violated equilibrium between the parties, which happened as a result of the change in circumstances. This paper aims to present the institute of changed circumstances, under the national laws of Bosnia and Herzegovina, as well as under the international regulation. This institute, conditions and consequences are regulated in the Law on obligation of both Federation of Bosnia and Herzegovina and Republic of Srpska. When it comes to international level, there are several legal sources which regulate clausula rebus sic stantibus, however, this paper mostly analysed Vienna Convention on the International Sale of Goods and its Article 79.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 13/2020
- Issue No: 26
- Page Range: 97-115
- Page Count: 19
- Language: Bosnian