Wegfall der Geschäftsgrundlage

The German and the French Law of Contracts deal very differently with the problem of a disturbance of the equilibrium after the conclusion of contracts. This thesis describes the French evolution concerning the “théorie de l’imprévision”. For many decades the jurisprudence has traditionally refused to reconsider the terms of a contract, if the circumstances have changed after the conclusion of the contract. In recent decisions the Cour de cassation has accepted a duty to renegotiate the contract. This book covers the legal basis for this jurisprudence as well as the conditions and the content of this duty. Furthermore, this French evolution is put into context of French law reform projects and existing international Contract Laws. This French development shows parallels with the German approach, but also goes its own ways.