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Unexpected Circumstances in European Contract Law

Part of The Common Core of European Private Law

Ewoud Honduis, Hans Christoph Grigoleit, Andreas Thier, Marta Cenini, Barbara Luppi, Francesco Parisi
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  • Date Published: March 2011
  • availability: In stock
  • format: Hardback
  • isbn: 9781107003408

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  • The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

    • Proposes a new classification of jurisdictions in how to deal with unexpected circumstances
    • Uses the questionnaire method to highlight the convergences and divergences in key European jurisdictions
    • Presents practical solutions to some core problems concerning unexpected circumstances
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    Product details

    • Date Published: March 2011
    • format: Hardback
    • isbn: 9781107003408
    • length: 714 pages
    • dimensions: 235 x 160 x 38 mm
    • weight: 1.24kg
    • availability: In stock
  • Table of Contents

    List of contributors
    General editors' preface
    Preface
    List of abbreviations
    Part I. Introduction and Context:
    1. Introduction: an approach to the issues and doctrines relating to unexpected circumstances Ewoud Honduis and Hans Christoph Grigoleit
    2. Legal history Andreas Thier
    3. Law and economics: the comparative law and economics of frustration in contracts Marta Cenini, Barbara Luppi and Francesco Parisi
    Part II. Overview:
    4. Overview: concepts dealing with unexpected circumstances
    Part III. The Case Studies Ewoud Honduis and Hans Christoph Grigoleit:
    5. Questionnaire
    6. The case studies
    Part IV. General Comparative Remarks:
    7. General comparative remarks: converging tendencies, remaining differences and the unsolved mystery of adjustment Ewoud Honduis and Hans Christoph Grigoleit
    Appendix. Some texts on change of circumstances
    Selected bibliography
    Index.

  • Editors

    Ewoud Hondius, Universiteit Utrecht, The Netherlands
    Ewoud Hondius is Professor of European Private Law at Utrecht University, the Netherlands.

    Christoph Grigoleit, Ludwig-Maximilians-Universität Munchen
    Hans Christoph Grigoleit holds a chair in civil law, commercial law, corporate law and private law theory at Ludwig Maximilian University of Munich, Germany.

    Contributors

    Ewoud Honduis, Hans Christoph Grigoleit, Andreas Thier, Marta Cenini, Barbara Luppi, Francesco Parisi

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