Relevance of the change or mutation of the basic conditions of the contract. New conceptualization, definition and application of the rebus sic stantibus clause

Abstract

The application of the rebus sic stantibus clause or the legal trascendence of the «relevance of the change or mutation of the basic conditions of the agreement» has been being «restrictive and exceptional» as «dangerous» since it is against the lex contractus and the pacta sunt servanda principle. A new case law has radically changed that perspective, normalizing it and objectifying its technical ground. As from now an «economic crisis» which modifies the bases over which the parties have agreed to initiate and develop the contractual relationships, provoking an excessive onerousity to any of them, will let the application of this legal institution, with modifying or terminating effects for the contract.