Abstract

The paper analyses the preconditions that need to be fulfilled in order to apply so called calusula rebus sic stantibus spelled out in Art. 357¹ of the Civil Code. This provision provides the contracting parties with special remedies which are familiar to the majority of legal systems and are usually labelled frustration of contract. Namely, it enables the parties to claim modification or termination of the contract when its performance becomes excessively onerous due to some unforeseeable events. Despite the significant body of literature devoted to the subject there are still some doubts concerning the prerequisites of Art. 357¹. The purpose of this paper is to try and cast away these doubts by interpreting clausula rebus sic stantibus within the context of Covid-19 pandemic and the solution problems that it poses.