| 英文摘要 |
When supervening events occur, a debtor’s performance may become impossible or more onerous than expected, and a creditor’s contractual purpose may be frustrated. The doctrine of impossibility has been adopted to exclude the strict application of pacta sunt servanda since Roman law. In cases of hardship, the clausula rebus sic stantibus did not appear in Roman law but was recognized under the canon law. However, the clausula rebus sic stantibus fell into decline in 19th century jurisprudence, when most jurisdictions accepted the doctrine of impossibility without adopting the clausula. In the aftermath of World War I, Germany experienced severe economic changes, resulting in a rapid decline in currency values. As a result, clausula rebus sic stantibus was gradually revived. French law did not recognize clausula rebus sic stantibus for two centuries until its recognition in 2016. The doctrine of frustration in English law covers impossibility, hardship, and frustration of purpose. American law adopts the English doctrine with minor revisions. This paper discusses the development of clausula rebus sic stantibus in Continental and Common law and explores its fundamental theories, drawing on historical legal theories and court decisions. |
