Rebus sic stantibus clause: foundation and jurisprudential doctrine on its application, presuppositions and effects

Abstract

As happened with the 2008 economic crisis, the current crisis derived from the COVID-19 pandemic (mainly health but, without a doubt, with high economic implications in the short, medium and long term) has once again put the focus of attention on the so-called “rebus sic stantibus clause” as an instrument that allows the justification or justification of certain breaches of contract or the modification or termination of existing contracts since, given the exceptional and unforeseen circumstances, the benefits to be fulfilled become more onerous for the debtor. In this paper the notes and foundations that characterize this clause will be specified, as well as its application assumptions and its effects, based on the analysis of the existing jurisprudential doctrine on this figure.