Change of circumstances and impossibility to perform: a tale of conflicting contractual remedies

In the systematic approach to contract law that is common to most Continental legal systems, impossibility to perform and change of circumstances are regarded as two separate issues, which are addressed by distinct sets of rules and can lead to different outcomes as far as the contract’s upholding and the creditor’s right to performance are concerned. Many cases illustrate the significant area of overlap that exists between these two notions, however. The presentation will explore the relationship between them in a comparative perspective and with a special focus on French law, following the 2016 major reform of the code civil.

A sandwich lunch will be available rom 12.30. The meeting will begin at 1pm.