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Başak Başoğlu

    The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision
    • 2018

      This book addresses a significant dilemma in contract law: whether unexpected changes due to financial crises can be considered under certain conditions. The interconnectedness of global economies amplifies the impact of financial crises, making it challenging for individuals to meet contractual obligations. Such crises can render performance excessively burdensome or lead to substantial losses for one party, disrupting contractual equilibrium and justifying governmental intervention. The prevailing economic climate raises questions about the absolute nature of contracts, prompting a need to reassess their binding force. The principle of good faith and fair dealing inspires various theoretical frameworks aimed at mitigating the legal repercussions of financial crises. This book analyzes these frameworks, emphasizing available remedies such as renegotiation, rescission, or revision, along with the conditions that allow for their revocation. It compiles 19 national reports and a general report presented during a session on the Effects of Financial Crises on the Binding Force of Contracts at the XIXth congress of the International Academy of Comparative Law in Vienna, July 2014.

      The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision