Trixie-Alexandra BastianDie Begrenzung vertraglicher Bindungswirkung in Krisenzeiten

About this book deutschenglish

“Die Begrenzung vertraglicher Bindungswirkung in Krisenzeiten” analyzes the limitations of the binding effect of long-term contractual obligations in the case of an economic crisis, both under German and Italian law. After a detailed introduction to the legal provisions regarding the “Störung der Geschäftsgrundlage” in German law and “Eccessiva Onerosità Sopravvenuta” and “Presupposizione” in Italian law, the author analyzes a variety of problems that may arise, namely the devaluation of the sum of money owed in a bilateral agreement, the volatility of the value of the material obligation, the loss of third-party financing that had been foreseen for the realization of the contractual project, as well as one party’s risk of insolvency in the case of performing its contractual obligation. The author further provides an introduction to the contractual methods of securing price stability in a bilateral agreement as well as the discussion regarding the existence of a legal obligation of renegotiation in long-term contracts under German and Italian contract law.

The author offers its readers a complete and well structured analysis of this complex topic. This work deals with a fundamental problem of German and Italian contract law and thus serves as a useful source to those researching and practicing in the field of comparative law regarding these the two civil law systems.