Сохранение и адаптация договора при изменившихся обстоятельствах: интеграция доктрины hardship в гражданское право Российской Федерации

Abstract

The article is devoted to the study of the necessity and possibility of integration of the international legal doctrine of hardship into the Russian civil law. The legal mechanisms provided by the civil legislation of the Russian Federation for overcoming the negative consequences of unforeseen external circumstances are considered. Advantages of preservation and adaptation of the contract at occurrence of such circumstances are proved. The characteristic of the international legal doctrine of difficulties in performance of the contract (hardship) is given. The ways of drawing up and standard forms of a hardship clause, proposed by the International Chamber of Commerce, designed to establish the possibility of flexible adaptation of the contract to the changed conditions, have been investigated. A comparative analysis of the doctrine of hardship and the institutions of a significant change of circumstances, force majeure. The conclusion on the expediency of integration of the doctrine of hardship in the civil law of the Russian Federation is drawn and appropriate amendments to the legislation are proposed.