书目名称 | Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective |
编辑 | Peng Guo |
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概述 | Uniquely focuses on hardship under the UNIDROIT Principles.Offers a reasonable approach to tackle issues and challenges relating to hardship in the context of COVID-19.Examines long-term relational co |
图书封面 |  |
描述 | This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. .This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and therelational nature and characteristics of a long-term relational supply contract. .This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract |
出版日期 | Book 2022 |
关键词 | contract law; Nature of Contract; Freedom of Contract; Contract Principles; Hardship; Hardship clause; For |
版次 | 1 |
doi | https://doi.org/10.1007/978-981-16-5513-5 |
isbn_softcover | 978-981-16-5515-9 |
isbn_ebook | 978-981-16-5513-5 |
copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapor |