Hardship and Bulgarian Law

• Author: Silviya Tsoneva
• Position: Assistant Professor, PhD, Department of Law, New Bulgarian University, 21 Montevideo Street, Sofia, Bulgaria
• Pages: 126-138

ACTA UNIVERSITAT

126

Abstract:

The article deals

Bulgarian law trying to sh

England, USA) and internati

Contracts and Principles of E

hardship is concisely presen

specific problems identified

concepts and reasoning in o

when dealing with hardship c

Keywords: hardship;

change

unforeseeable event

1. Introduction

The word “hardship” i

imprévision

in France,

England and impractic

conclusion of the contra

motivated the parties

embargo, economic cris

which make performanc

reasonably anticipated

unexpected events may

1

Assistant Professor, PhD,

Sofia, Bulgaria,

postal code:

author: stsoneva@nbu.bg.

ATIS DANUBIUS

Vol. VII,

Hardship in Bulgarian Law

Silviya TSONEVA

1

als wi

th the legal treatment of hardship (change of circu

show where it stands in comparison with other legislation

ational legal instruments (Unidroit Principles on Internationa

f European Contract Law). An overall picture of the different

sented. Hardship prerequisites and effects are analyzed wit

ed in some recent Bulgarian co

urt decisions. Attention is dra

other legal systems th at may be helpful to Bulgarian theory

ip cases.

nge of circumstances, onerous performance

; disequilibr

ium of

” is a widely recognized legal term for what is

e,

Wegfall der Geschäftsgrundlage

in Germany, fru

cticality in USA. They

all refer to events occu

ntract with shattering effect on what once seemed f

es to engage in the contract. Here comes hyp

crisis, political distress, wartimes or oth

er superven

ance extremely onerous, far in excess of what could

ed by the parties at the time the contract was m

ay distort the balance of the contractual obligations

D, Department of Law, New Bulgarian University, 21 Monte

de:

1618, tel.: +359 (2) 811 0222, fax: +

359 (2) 811 0260. Co

AUDJ, vol. VII, no. 1,

II, no

. 1/2011

aw

rcumstances) in

tions (Germany,

nal Commercial

nt approaches to

ith a stress on

drawn to certain

ory and practice

of the contract

;

is known as

frustration in

ccurring after

d feasible and

yperinflation,

vening events

uld have been

made. Such

ons and

make

ntevideo Street,

. Corresponding

1, pp.

126-138