With this study, we intend to address the need and benefits of including hardship clauses in the context of international commercial contracts as a way of adapting them to profound changes in the basis of the business. We analyzed the regime of abnormal changes of circumstances in the Portuguese and English legal system, as well as its limitations and difficulties in application. Subsequently, we focus on the hardship clause, deepening its wording and using the international instruments that are at our disposal. We suggest the framing of current situations (such as the pandemic brought about by COVID-19 and the armed conflict in Ukraine) as a hardship that could trigger such a clause. Finally, we summarize the benefits, the importance of inclusion and the detail of the writing of those clauses as a valve that helps with the conservation of the legal business in international contracts of continued execution.
|Date of Award||18 Oct 2022|
- Universidade Católica Portuguesa
|Supervisor||José Engrácia Antunes (Supervisor)|
- International contract
- Contract modification
- Contractual renegotiation
- Contractual imbalance