HUMAN DIGNITY UNDER THE “REBUS SIC STANTIBUS” DOCTRINE Cover Image

HUMAN DIGNITY UNDER THE “REBUS SIC STANTIBUS” DOCTRINE
HUMAN DIGNITY UNDER THE “REBUS SIC STANTIBUS” DOCTRINE

Author(s): Barbora Grambličková, Mária Patakyová
Subject(s): Civil Law, Human Rights and Humanitarian Law, Commercial Law
Published by: Univerzita Komenského v Bratislave
Keywords: human dignity; human rights; Rebus Sic Stantibus; impossibility of performance;

Summary/Abstract: This article deals with the applicability of the Rebus Sic Stantibus doctrine, which is a lawful exception to the Pacta Sunt Servanda principle. It deals with the question on whether the Rebus Sic Stantibus could be applied on the impossibilities of performance caused by subjective reasons (besides the force majeur events which are traditionally connected with the doctrine). The hypothetical situation which is discussed in the article consists in a business relation between two entrepreneurs, whereas one party exercises a personal performance for the other, and this personal performance becomes to infringe human dignity of the performer. Particularly, the article asks the question on how, if at all, it is possible for a personal performance breaching human dignity to trigger the Rebus Sic Stantibus exception.

  • Issue Year: 1/2017
  • Issue No: 2
  • Page Range: 64-73
  • Page Count: 10
  • Language: English