Sureness or Flexibility of the Trade Agreement?

Vol.1,No.1(1993)

Josef Bejček

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Abstract
The paper deals with a traditional conflict of the legal principle of "pacta sunt ser­vanda" (agreements are to be kept), with the objective reality of the factul change of conditions of conditions of varying intensity, from which the contractual parties issue during contracting in the sphere of the private law.

The autbor evaluates in general the instruments of increasing legal safeguards and the limits of acceptability of the exceptions to the principle of contractual liability, with special focus on the application of the exceptional complementary clause of "rebus sic stantibus" (conditions of otherwise unchanged circumstances).

The author analyses on the background of the amendments of the Civil and Com­mercial Code the individual cases of permitted changes in trade agreements, and ways of extinction of contracts on failing to comply with them. He follows from analyzing the motivation for failing to observe the contractual duties, and expounds some theoretical aspects of the applied legislative solutions, and is offering certain procedures for their application.


Pages:
47–71
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Copyright © 2018 Josef Bejček

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