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Article . 2018
Data sources: SCIDAR
Glasnik prava
Article . 2018 . Peer-reviewed
Data sources: Crossref
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HARDSHIP KLAUZULA

Authors: Jovan Vujičić;

HARDSHIP KLAUZULA

Abstract

Interest in solving the problem of changed circumstances in contractual relationships is shown not only by lawyers, but also by economic entities and their associations. Due to the very narrow application of international and national sources in the court and arbitration practice, the parties, in order to eliminate the uncertainty about whether or not, when and in what direction the changed circumstances affect the legal effect of the contract, most often explicitly allocate the risk of their occurrence. In order to free the routine approach that leads to blind stimulation and rewriting, i.e. entering into the contract of the usual safeguard clauses, without a complete understanding of their importance, it is necessary to become familiar with the types, content and effect of these clauses. By examining these issues in advance and contracting provisions appropriate to the circumstances and needs of specific transactions can be avoided many damages and deficiencies that may arise post factum in business practice.

Country
Serbia
Related Organizations
Keywords

International Chamber of Commerce, international commercial contracts, hardship clause, changed circumstances, clausula rebus sic stantibus

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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