The Inappropriate Use of the PICC to Interpret Hardship Under the CISG
PUBLISHER
Internationales Handelrecht
DATE
2017-06
UVA Law Faculty Affiliations
Steven D. Walt
Abstract
This paper comments on a recent decision rendered by the French Supreme Court, which upheld a decision imposing a duty to renegotiate the terms of the contract as a result of a supervening change of circumstances. Although this approach is not isolated and a comparative account is provided of other legal instruments (national and supranational) and court decisions adpting a similar approach, the authors take a critical position, primarily based on an economic analysis of the consequences of the rule in question.
Citation
Franco Ferrari et al., The Inappropriate Use of the PICC to Interpret Hardship Under the CISG, 17 Internationales Handelrecht 97-102 (2017).
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