THE LIMITS OF THE DUTY TO PERFORM IN THE PRINCIPLES OF EUROPEAN CONTRACT LAWRichard Backhaus (Bonn University) |
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The Principles of European Contract Law (PECL) contain two Articles limiting the duty to perform if performance has become more burdensome. On the one hand, Article 6:111 PECL, 'Change of Circumstances', is based on the idea of a clausula rebus sic stantibus and may lead to an adaptation of the contract by the court. On the other hand, it is Article 8:108 PECL, 'Excuse Due to an Impediment', excusing non-performance without giving the court the power to adapt the contract. This article analyses the scope of the provisions and their relationship critically, and investigates whether such a dichotomy, i.e. two rules limiting the duty to perform with probably different results, is desirable in a future European private law. The author takes a comparative approach by looking at the sole concept of frustration in English and Scots Law on the one hand and a similar division in German law on the other. Cite as: Richard Backhaus, The Limits of the Duty to Perform in the Principles of European Contract Law, vol 8.1 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (March 2004), <http://www.ejcl.org/81/art81-2.html> |
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