Extraordinary change in relations as a premise for application of article 357[1] of the Polish Civil Code - attempt at definition Cover Image

Nadzwyczajna zmiana stosunków jako przesłanka zastosowania art. 357[1] KC - próba definicji
Extraordinary change in relations as a premise for application of article 357[1] of the Polish Civil Code - attempt at definition

Author(s): Michał Bieniak
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: Polish Civil Code; civil law; article 357 of the Polish Civil Code; extraordinary change in relations; general clauses; obligations

Summary/Abstract: This study is devoted to one of the key premises for application of Article 357 of the Polish Civil Code, namely an extraordinary change in relations. Based on the analysis of the language, history (development of rebus sic stantibus clause which found expression in Article 357 of the Polish Civil Code) and views in jurisprudence and case law, the author forms his own definition of this premise as a change in actual or legal circumstances which occurs after the agreement is executed and can be recognised as unusual or extraordinary, taking into consideration the situation of the parties on the date of execution, save that the circumstances which underwent a change may of general, regional, local or even personal nature and may affect the change of actual or legal situation of many persons, both parties to the agreement or only one of the parties to the agreement.

  • Issue Year: 182/2009
  • Issue No: 4
  • Page Range: 73-87
  • Page Count: 15
  • Language: Polish