Abstract
The problem of excuse for non-performance of contracts caused by changed circumstances is, despite its long history in contract law scholarship, far from being resolved. This paper is based on the dialogue between two colleagues from different academic backgrounds and comparatively investigates German, French, Italian and English approaches and current developments in the field. First, the paper questions whether the doctrine of changed circumstances (or imprévision) remains a mere exception, or whether it is possible to argue that, by considering the latest developments, it may represent a model in European contract law. This issue has recently attracted the attention of the French legislature in its modernization of the Code Civil. Second, by examining the many different national doctrines, the paper aims to reconstruct and clarify, through comparative analysis performed, the conceptual framework of such a theory by discussing, in particular, issues of contract interpretation, presupposition, causation, good faith, fairness and solidarity.
Towards a Theory of Imprévision in the EU?