Abstract

The article deals with the issues associated with applying the clause of extraordinary change of circumstances (Art. 357¹ of the Civil Code) in the times of the COVID-19 pandemic. The authors „redefine” excessive difficulty in meeting an obligation and the threat of a grave loss as a result of an extraordinary change of circumstances. The aim of the article is to analyse and justify the application of the extraordinary change of circumstances clause retroactively and also when an obligation has been already fulfilled. The authors criticize the hitherto prevailing views on the application of Art. 357¹ of the Civil Code, which, in their opinion, may make it impossible to obtain protection under this provision.