Ennakoimattomat olosuhdemuutokset ja suoritusesteopit eurooppalaisessa kontekstissa

Abstract

This research examines the phenomena related to unexpected circumstances and their effects on contractual relations in a European context. The research addresses the different outcomes and rationales that different jurisdictions use to justify their stand on whether certain unexpected circumstances - or class of circumstances - should justify giving remedy to the burdened party, and furthermore, does the court have grounds to infringe upon the freedom of contract and the binding nature of contracts. To have a holistic understanding about the topic unexpected circumstances in contractual relations, the importance of contractual liability limiting clauses should not be neglected, and they will be also addressed in the study.

The research analyses the historical evolution, current state, and future framework of the doctrines that address the effects of unexpected circumstances in contractual relationship. The research is done by comparing legislation in various jurisdictions and collections of statutes. The main coverage of the research is on Finnish, German, and British legislation, and court rulings. In addition, PECL, UNIDROIT UPICC, CISG, and DCFR play relevant role in the international context therefore have coverage within the study.

The research offers a wide coverage on the justifications to which the courts base their rulings, and it addresses various arguments that are in favour of or counter to offering remedy in different classes or cases of unexpected circumstances. In addition, the findings suggest that there are many aspects that the contractual party obligated to the performance in kind, should take into consideration – to restrict the scope of liabilities that is – in precontractual stage. These aspects include mainly, but not limiting to, referring to collection of statues, place of law, and implementing contractual liability restrictions clauses. In addition to the previously mentioned precontractual aspects, also factors relating to the time period when the supposed obstacle arises are worth taking into consideration to avoid any unnecessary risks.