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Change in circumstances in private contract as an issue in civil proceedings

Publication at Faculty of Law |
2022

Abstract

The author deals with the issue of changing the circumstances in private contract in civil proceedings. Attention is focused not only on the basic context of the contentious proceedings, but also on the analysis of Section 120(2) and (3) of the Code of Civil Procedure from the perspective of change of circumstances in contract law.

The court may either modify the obligation, adapting it to the changed circumstances, or cancel the obligation, considering the necessary conditions for such cancellation, as well as determining the date on which the obligation is cancelled. In furtherance of this, the court may also reject the application to modify the obligation.