Поглед върху историческото и сравнителноправно развитие на развалянето на договорите
A View at the Historical and Comparative Development of the Rescission of Contracts

Author(s): Hristina Tancheva
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: rescission; bilateral contract; court procedure; unilateral statement; clause
Summary/Abstract: The right to rescind a contract has not always been available to the creditor in case of non-performance. Over the years, the rescission has established as a convenient means of protection, as its development went from recognizing the possibility of rescission only of certain contracts and for non-performance of certain obligations – in Roman law, through judicial rescission – established in the Middle Ages as a rule for all bilateral contracts to arrive at a prevailing unilateral rescission today not only in our country, but also in other reviewed countries. The rule, constructed on the basis of the relationship between the rights and obligations under a bilateral contract, is formed slowly and cautiously, because it is a kind of withdrawal from the hard-established and jealously guarded principle of pacta sunt servanda. The comparative legal review shows certain differences in the regulation comparable to the Anglo-Saxon system, but also within the framework of the continental legal system.

• Details
• Contents