engleski

The Rebus sic stantibus Doctrine from a comparative Perspective with a Special Emphasis on its Legal Treatment in the Croatian Legal System and Jurisprudence

The rebus sic stantibus doctrine, as a basis for the adaptation or termination of a contract due to changed circumstances, is not equally regulated in common law and civil law ountries. Today, in most countries belonging to the civil law tradition, this institute is expressly regulated in the national laws. On the other hand, common law countries do not recognize the rebus sic stantibus doctrine, but they have comparable institutes, such as frustration and impracticability. In light of this fact, the aim of this paper is to provide a comparative overview of rebus sic stantibus in civil law and common law countries, with a special emphasis on the Croatian model. The central part of the paper deals with the legislative framework and a critical analysis of the positions of the judicial practice related to rebus sic stantibus in Croatia. On the basis of this analysis, in the final part, the author discusses whether there is a need for amendments of the Croatian law and judicial practice de lege ferenda in order to adapt to the needs of the contemporary business practices and the tendencies found in comparative legal systems.

rebus sic stantibus ; changed circumstances ; contract adaptation ; contract termination ; frustration, impracticability.

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