Da li revizija na osnovu imprévision povređuje načelo obavezne snage ugovora

Abstract

One of the striking features of the French reform is the introduction of revision and termination for unforeseeable changes of circumstances - imprévision. The aim of the new provision was to encourage parties to agree rather than bring the matter before the court for termination or for judicial revision for imprévision. Although courts have a general power to review the contract, the Court of Cassation relied on the principle of the binding force of contracts to justify the rejection of 'judicial review for imprévision'. Thus, the paper will elaborate whether the courts will seize the powers finally given to them - a power of revision. Furthermore, the drafting history of imprévision and the comparison between similar provisions in other international sources of law will be presented, as well as the relevant courts' practice.