ABSTRACT
Drawing on the various contributions to this book’s chapter on unexpected circumstances, this essay surveys the intersection between causa and change of circumstances in the French, German, Italian and English legal systems. It indicates the dominant legal institutions used in the aforementioned legal systems to tackle problems related to hardship and unexpected events which affect the contractual agreement after its conclusion. Where the concept of causa is not adopted, the author focuses on similar constructs, such as the ‘purpose’ of the contract. Other known legal concepts, such as the German Voraussetzung and Geschäftsgrundlage, are also discussed. Moreover, the essay addresses remedies, such as termination or reformation of the contract, that might be available in cases of supervening events.
Patti, Francesco Paolo, Causa and Unexpected Circumstances in Causa contractus, pp 517-530, Gregor Albers, Francesco Paolo Patti and Dorothée Perrouin-Verbe, eds, Mohr Siebeck, August 2022; Max Planck Private Law Research Paper No 22/28; Bocconi Legal Studies Research Paper No 4292154.
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