Clausula rebus sic stantibus
The rebus sic stanti (English about: Determination of consistent circumstances) is originally derived from Roman law a general principle.
The clausula in Roman law and the private law of the Federal Republic of Germany
The Parties do not anticipate any change in external circumstances that are crucial for the implementation of the Treaty, in particular no fundamental change in the relationship between performance and reward. Important is this confidence in the stability of the basis for continuing obligations.
The rebus sic stantibus, however, allowed to change contracts when the key changed circumstances which form the basis for business. While this is contrary to the general legal principle of pacta sunt servanda, which contracts must be satisfied in principle, but is now approved by the introduced of the imperial court and federal court and in debt law reform of 2002 in § 313 BGB codified legal institution of disorder of the basis in the German civil law if it would have been in bad faith given the overall circumstances, the contractual partner for the business foundation had ceased to want to stick to the contract.
Nevertheless, the rebus sic stanti in the German Civil Code - unlike earlier in the common law - not a general principle of law.
The clausula in the public law of the Federal Republic of Germany
In public law, the rebus sic stanti each other is true, for example, in government contracts between federal and state governments and between countries because of the federal state principle. It takes place for the general administrative law in § 38 paragraph 3, § 60, and the Administrative Procedure Act for the social law in § 59 SGB X there with the normalized adaptation and termination rights expression.
The clausula in Swiss law
After Swiss jurisprudence, is only to be eliminated by the judge's contract adjustment an existing massive unreasonableness, but not to establish a full balance.
The clausula in international law
In international law, this originally recognized as customary law formula was in Article 62 of the Vienna Convention on the Law of Treaties ( WÜV ) of 1969 codified. Here it is assumed for a contract amendment also requires that parties did not foresee the changes occurring in that it concerns essential circumstances of the agreement and that the extent of the obligations arising from the contract due to the change will significantly redesigned.
Furthermore, the scope is further restricted by Article 62, paragraph 2 WÜV. This means that an application of the standard to contracts that specify a limit, is not possible. In addition, the standard is not applicable in such cases where the changes were illegal under international law brought about by the claims -making party.
Even before the codification in the WÜV Austria raised in response to the results of the First Vatican Council of 1870 ( inter alia, the promulgation of papal infallibility ), citing the rebus sic stanti the 1855 closed with the Curia Concordat on.
Since its codification, there were two proceedings before the International Court of Justice, in which states appealed to the rebus sic stanti. However, the Court rejected the applicability both times from.