CEU Electronic Theses and Dissertations, 2019
| Author | Dzhekshenova, Adinai Zholdoshbekovna |
|---|---|
| Title | The Doctrine of Change of Circumstances: Comparative Study of US, German and Kyrgyz Law |
| Summary | The principle of sanctity of contract is the cornerstone under the law of contract. However, in business practice, the performance of the contractual terms for one of the parties may become extremely burdensome or impracticable due to an unexpected turn of events. In such exceptional cases, the disadvantaged party may be excused from the performance. The present work is devoted to the investigation of the controversial issues related to the doctrine of hardship (impracticability, a material change of circumstances). Taking into account approaches of different legal systems to interpretation, application, and consequences, the author analyzes the elements and effects of the invocation of the hardship defense. Specifically, the work contains a comparative analysis of legal regulation of these issues in the United States, Germany and the Kyrgyz Republic. Chapter I gives an overview of the concept from the perspective of uniform law and different legal systems, specifically introducing a reader to US and German approaches and providing a brief history of the development of the doctrine of changed circumstances in the mentioned jurisdictions. Chapter II analyzes the constituting elements of the doctrine in the US, German, and Kyrgyz law. Finally, Chapter III examines the legal effects of the successful invocation of the doctrine in different jurisdictions. On the basis of the results of the study, the present work concludes with the note on the existing deficiencies of Kyrgyz rules on the doctrine of material change of circumstances to correspond the developments in German law, and recommendations for drafting hardship clauses. |
| Supervisor | Markus Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/dzhekshenova_adinai.pdf |
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