THE EFFECT OF HARDSHIP IN THE GERMAN LEGAL SYSTEM

Ivaylo Ikonomov ()
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Ivaylo Ikonomov: University of Economics – Varna, Bulgaria

Economic Science, education and the real economy: Development and interactions in the digital age, 2020, issue 1, 306-317

Abstract: The report analyzes the approach of legislature and judges towards the implemen-tation and application of the hardship doctrine in German civil law. The study isfocused on the historical evolution of hardship in the German legal system and the contemporary prerequisites for its application and effects thereof.The codification of hardship in German lawin § 313 of the Burgerliches Ge-setzbuch in 2002 is considered in the international legal community as the most balanced and just approach in dealing with change of circumstances due to its flexible and open nature. Because the German approach has similarly been adopted by the Bulgarian legis-lature in art. 307 of the Commercial Code, its in-depth study is instrumental in improving the understanding and application of hardship with regard to the sustainable development and progress of Bulgarian commercial law.

Keywords: hardship; change of circumstances; German civil law; §313 BGB (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:vrn:cfdide:y:2020:i:1:p:306-317

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