ABSTRACT
This article examines the evolution of the approach to hardship in Bulgaria, France, and England to challenge the idea that the responses of national jurisdictions are converging and to shed light on the key role which context plays in doctrinal development and legal practice. This particularity seems important in view of initiatives aimed at harmonising contract law, such as the UNIDROIT Principles, the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR), etc. Moreover, the article demonstrate the palpable differences in results, which these jurisdictions reach in similar circumstances. These discrepancies may have implications for international trade because the same parties may be confronted with different outcomes depending on the applicable law – France and the UK are some of Bulgaria’s key trade partners.
Vassileva, Radosveta, Harmonisation Impossible? On the Evolution of the English, French, and Bulgarian Approach to Hardship in Commercial Contracts (February 12, 2019). Amicus Curiae: Journal of the Society for Advanced Legal Studies, Issue 112.
First posted 2019-03-27 07:04:30
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