oa Fundamina : A Journal of Legal History - From clausula rebus sic stantibus to hardship: aspects of the evolution of the judge's role
|Article Title||From clausula rebus sic stantibus to hardship: aspects of the evolution of the judge's role|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Affiliations||1 University of Fribourg, Switzerland|
|Publication Date||Jan 2011|
|Pages||125 - 143|
In a mixed legal system like the South African one, it might be interesting to compare and draw a link between two doctrines dealing with change of circumstances in relation to the performance of a contract, namely :
- Clausula rebus sic stantibus, a well-known expression to designate a legal construction that was present in some ways in Rome, but, more importantly, that has been enlarged by the canonists of the fourteenth century; and
- "Hardship", a term with various legal consequences depending on whether it is used in the field of international law of contract, European private law projects or in English common law.
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