Growing interconnectedness of global economies facilitates the spread of the effects
of the fi nancial crises. Financial crises cause severe diffi culties for persons to fulfi ll
their contractual obligations. During the fi nancial crises, performance of contractual
obligations may become excessively onerous or may cause an extreme loss for one
of the contracting parties and consequently destroy the contractual equilibrium and
legitimate the interventions to the contract. But who will bear the risk arising from
these circumstances?
This question, asked during the uncomfortable economic climate, leads to one of
the most controversial dilemmas of the contract law: whether the binding force of
the contract is absolute or not. In other words, unstable economic circumstances
impose the need to devote special attention to review and perhaps to narrow the
binding nature of a contract. Principle of good faith and fair dealing motivate a
variety of theoretical bases in order to overcome the legal consequences of fi nancial
crises. All these theoretical bases are analyzed in this book with special focus on the
available remedies, namely, renegotiation, rescission or revision, and the circumstances
that enable the revocation of these remedies.
The legal approaches of various jurisdictions provide different answers and solutions
to this problem. These differences seem to be determined predominantly by
the frequency and intensity of fi nancial crises in each jurisdiction and also by the
infl uence of the fi nancial, political, and social forces of the respective country.
The chapters in this collection are based on papers originally presented at the
XIXth Congress of the International Academy of Comparative Law, held in Vienna,
July 2014. I am grateful to all reporters who were willing to reformulate and submit
their reports considering the debates, which aroused great interest and appreciation
during the session in the Congress.