Change of Circumstances in the Section 1213 of the Proposal for Modernization of the Spanish Civil Code in Obligations and Contracts

Abstract

The Spanish Civil Code of 1889 did not include any section regarding the possibility of revising or cancelling a contract on the base of changed circumstances, that is, the rebus sic stantibus doctrine. Although the Spanish Supreme Court retrieved this doctrine on mid 20th century, its application was rigorously exceptional. However, the recent Proposal for the Modernization of the Civil Code on Contracts includes section 1213, which enables the parties to revise, or even cancel, a contract under hardship when unforeseen circumstances arise and the fulfilment of the contract is excessively burdensome. The paper analyses the rebus sic stantibus clause and defends its revision by the doctrine and the case law.

Note: Downloadable document is in Spanish.

Keywords: Contract Law, Change of Circumstances, rebus sic stantibus Clause, Contract Renegotiation