THE RECENT EVOLUTION OF THE SPANISH CASE LAW ON ALTERATION OF CONTRACT CIRCUMSTANCES. A QUESTION OF JUSTIFICATION AND LEGAL TECHNIQUE

Abstract

The article analyzes the new jurisprudential doctrine on the rebus sic stantibus clause formulated in STS 333/2014, of June 30, and confirmed by STS 591/2014, of October 15, furthering the relationship that can be established between attempts of foundation of the clause rebus that appeal to the demands of the justice and the equity and its objective technical and juridical foundation in the frame of the positive law; focusing on the necessary balance between the principle of the binding character of the contract and the doctrine rebus linked to the principles of commutativity of legal trade and bona fide; and emphasizing the importance of reconciling flexibility and attention to the circumstances of the specific case, which are characteristic of a non formalist approach, with scientific rigor through the technical —legal elaboration of the application requirements of the clause: Hardship and the non— assumption and reasonable unpredictability of the risk