Pacta Sunt Servanda: Rebus Sic Stantibus Clause and The Balance of Contractual Relations Nowadays

Abstract

The intention is to demonstrate to the parts the effective maintenance of contractual balance, even when the contract spans a long period of time. One of the techniques used to achieve these objectives is the application of revising and exonerating clauses of responsibility, that enable the contracting parts reassess the obligations contracted and their conditions for its execution during the occurrence of facts that change substantially the initial circumstances of the contract, altering its balance in such a way that its compliance becomes impossible or extremely expensive. This study has as object the secular clause of the principle pacta sunt servanda and leads to its practical structuring of contracts, making its study incontestably important and complex. It is sought to trace a profile of this clause and the importance of brief appointments on the clause rebus sic stantibus, the unpredictability theory and the other juridical instruments that were used in its foundation, demonstrating its relevance for the maintenance of balance in contractual relations. Thus, in a first moment it will be developed a study of the contract informing principles, followed by the analysis of its conformation with the unpredictability theory and the clause rebus sic stantibus, precursory to exonerating of responsibility clauses. Finishing with the contract’s informing principles such as pacta sunt servanda and the understanding of the real use of this clause in the preservation of balance in contracts.