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Hardship in Bulgarian Law

Keywords: hardship , change of circumstances , onerous performance , disequilibrium of the contract , unforeseeable event

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Abstract:

The article deals with the legal treatment of hardship (change of circumstances) in Bulgarian law trying to show where it stands in comparison with other legislations (Germany, England, USA) and international legal instruments (Unidroit Principles on International Commercial Contracts and Principles of European Contract Law). An overall picture of the different approaches to hardship is concisely presented. Hardship prerequisites and effects are analyzed with a stress on specific problems identified in some recent Bulgarian court decisions. Attention is drawn to certain concepts and reasoning in other legal systems that may be helpful to Bulgarian theory and practice when dealing with hardship cases.

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