ДЕЙСТВИЕ НА СТОПАНСКАТА НЕПОНОСИМОСТ В НЕМСКАТА ПРАВНА СИСТЕМА
THE EFFECT OF HARDSHIP IN THE GERMAN LEGAL SYSTEM

Author(s): Ivaylo Ikonomov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Икономически университет - Варна
Keywords: hardship; change of circumstances; German civil law; § 313 BGB
Summary/Abstract: The report analyzes the approach of legislature and judges towards the implementation and application of the hardship doctrine in German civil law. The study is focused on the historical evolution of hardship in the German legal system and the contemporary prerequisites for its application and effects thereof. The codification of hardship in German law in § 313 of the Bürgerliches Gesetzbuch in 2002 is considered in the international legal community as the most balanced and just approach in dealing with change of circumstances due to its flexible and open nature. Because the German approach has similarly been adopted by the Bulgarian legislature in art. 307 of the Commercial Code, its in-depth study is instrumental in improving the understanding and application of hardship with regard to the sustainable development and progress of Bulgarian commercial law.

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