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  4. Vol 2, Issue 2, 2023

Basic Legal Framework of Hardship Clause and Comparative Research

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DOI: 10.23977/law.2023.020202 | Downloads: 24 | Views: 449

Author(s)

Jing Zhou 1

Affiliation(s)

1 Università degli Studi di ROMA "La Sapienza", Rome, Italy

Corresponding Author

Jing Zhou

ABSTRACT

The hardship clause is a specific application of the principles of fairness and good faith in contractual relations, and has always played an important role in international commercial trade. The hardship clause intends to exclude manifestly unfair outcomes in contracts resulting from significant changes in the political, economic or social situation, reflecting fairness and justice. This article outlines the legal framework and functions of hardship clause, briefly compares hardship and force majeure, and accordingly elaborates on the equivalent concept of "change of situation" in Chinese law.

KEYWORDS

Hardship clause, force majeure, change of situation, PICC

CITE THIS PAPER

Jing Zhou, Basic Legal Framework of Hardship Clause and Comparative Research. Science of Law Journal (2023) Vol. 2: 13-17. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020202.

REFERENCES

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[2] Yang Baoyi, Hardship and Consequential Relief under Article 79 of CISG, Law & Society, Vol. 6, 2019.
[3] Guo Hongjun, The difference between hardship and force majeure and their different legal effects, Modern Jurisprudence, 1998, No. 5.
[4] Zhao Li, The amendment of the principle of equity to Pacta sunt servanda - Situational change in international model legislation, Law Review, No. 5, 2007.
[5] Bi Xiuli, Comparative Analysis of Hardship and Force Majeure, Political Law Series, June 10, 1999, No. 3.
[6] Wang Yongxin, The current situation of the hardship clause in China, Law and Economics, No. 9, 2009.
[7] Gong Bohua, Legal Analysis of the Application of Force Majeure Clauses in International Commercial Contracts to the Covid-19 epidemic, Journal of SUIBE, March 2020, Vol. 27, No. 2.

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