Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  change of circumstances
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Próba uchwycenia kierunków zmian w zakresie klauzuli rebus sic stantibus w Polsce

100%
Chyla Ł.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2016
|
vol. 20
97-116
EN
Capturing the direction of changes in the scope of the rebus sic stantibus clause under Polish law The aim of this article is to present the issue of the influence of the substantial change of circumstances on the parties’ obligation to the contractual agreements. In Poland, this so-called “rebus sic stantibus clause” (governed by the article 357(1) of the Polish Civil Code) which is believed to be not flexible enough to follow the needs of the dynamics of the global economic turnover and also importantly, the certainty of trade. Therefore it has become a source of many controversies and issues in interpretation, which has led to various de lege ferenda postulates. The article’s aim is to thoroughly analyze the essence of the particular amendments, including those based on the Principles of European Contract Law (art. 6:111) as well as proposals articulated by the doctrine. In summary, the article makes an attempt to capture the direction of changes in the design of the Polish institution of rebus sic stantibus clause.
2
Publication available in full text mode
Content available

Adaptation of Contracts to New Circumstances in Polish Law

84%
Pisuliński J.
Forum Prawnicze
|
2019
|
issue 3 (53)
48–60
EN
The aim of the article is to analyse selected issues relating to the statutory provisions and contrac- tual terms which allow to amend or terminate a contract in the event of a change in circumstances occurred after the conclusion of the contract. Many provisions of the Polish Civil Code1 grant in such a case one of the parties the right to unilaterally amend or ter- minate the contract by its declara- tion of will or a right to demand for a change or dissolving the contract by the court. The parties may also agree the specific terms in the con- tract which allow adopting their contractual relation to new cir- cumstances. If a party affected by change of circumstances exercises its right to modify the contract it should be considered a problem of how the interests of the other party should be protected.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.