Допустима ли е уговорката, че договорът не подлежи на разваляне?
Is it permissible to stipulate that the contract is not subject to rescission?

Author(s): Hristina Tancheva
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: rescinding; contract; clause; imperative rules; moral
Summary/Abstract: The stipulation of a clause that the contract is not subject to rescinding is not questioned under the operation of the Obligations and Agreement Act (repealed), while today the doctrine rarely discusses this issue or proclaims the clause to be invalid. In practice, the parties seldom agree such clause, but there are cases when it is acceptable, especially in some contracts under which restitution upon rescinding is difficult or even impossible. Provided that there is no general rule prohibiting the exclusion of rescinding of the contract, it shall be considered whether it is valid in accordance with the imperative norms and moral.

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