The legal protection of the rebus SIC stantibus clause in the current economic crisis scenario

AutorDaniel Martínez Cristóbal
Cargo del AutorUniversidad Rey Juan Carlos
Páginas71-84
‒  ‒
CAPÍTULO 4
THE LEGAL PROTECTION OF
THE REBUS SIC STANTIBUS CLAUSE
IN THE CURRENT ECONOMIC CRISIS SCENARIO
DANIEL MARTÍNEZ CRISTÓBAL
Universidad Rey Juan Carlos
1. INTRODUCTION
The current global situation in which we find ourselves, caused first by
the COVID-19 pandemic, with the resulting tension in world markets
caused by the collapse of supply chains, and subsequently by the armed
conflict between Russia and Ukraine, has led to an exorbitant hike in
energy prices worldwide. Thousands of companies have been pushed to
the edge of survival and have had to reconsider the amendment or re-
scission of contracts with customers and suppliers because they are non-
viable under the agreed terms, leaving millions of jobs up in the air.
In this global crisis scenario, a legal concept has reappeared after years
of generalised disuse. It regained prominence during the COVID-19
pandemic and resulted in a mechanism and tool to be used to rebalance
contracts involving services that had become obsolete and unbalanced,
or impossible to perform under the terms agreed between the contracting
parties due to external and unforeseeable events.
Therefore, the development of the concept and its application in the
Spanish legal system will be analysed, reviewing Spanish positive law
and court rulings, as well as defending its possible application to long-
term contracts that have become unbalanced as a result of the exorbitant
rise in the prices of different energy sources.

Para continuar leyendo

Solicita tu prueba

VLEX utiliza cookies de inicio de sesión para aportarte una mejor experiencia de navegación. Si haces click en 'Aceptar' o continúas navegando por esta web consideramos que aceptas nuestra política de cookies. ACEPTAR