Clausula rebus sic stantibus и hardship: аспекти на развитието на ролята на съдията
“Clausula rebus sic stantibus” and “Hardship”: Aspects of the Development of the Role of the Judge

Author(s): Pascal Pichonnaz
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: clausula rebus sic stantibus; hardship; court; law; judge
Summary/Abstract: The article discusses two doctrines dealing with the meaning of changes in circumstances occurring after the conclusion of the contract, namely clausula rebus sic stantibus and “Hardship”. These two doctrines assign different roles to the court based on the relationship between the court and the law, on the one hand, and the court and the contract, on the other. To explore the context of the problem, I will first examine the origins of the clausula rebus sic stantibus and then compare it to the role of the judge in the so-called "onerousness of the contract" according to recent European projects in contract law. It is reasonable to expect that, despite the changed circumstances, the parties will primarily respect their agreed balance of contractual obligations. Likewise, the court should seek to preserve the original balance and distribution of risk.

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