The revision of the contract in Quebec law

被引:1
|
作者
Lluelles, Didier [1 ]
机构
[1] Univ Montreal, Fac Droit, CP 6128,Succ Ctr Ville, Montreal, PQ H3T 1J7, Canada
来源
REVUE GENERAL DE DROIT | 2006年 / 36卷 / 01期
关键词
D O I
10.7202/1027101ar
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This paper aims to expose the state of the present Quebec Law on the principle of immutability of contracts. After having studied the principle itself, the paper sketches the contractual variance possibilities, either by agreement during the contract, or by a unilateral change, authorized by the contract itself. The paper then studies the question of the judiciary revision of a contract in case of unforeseen events which seriously jeopardizes the economic equilibrium of the contract. After having recalled the reject of the so-called Sic rebus stantibus theory, the paper exposes the main technical conventional remedies to the problem and concludes by the possibility of using the notion of Good Faith in order to smoothe somehow the rigidity of the Rule.
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页码:25 / 67
页数:43
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