Κατεύθυνση Αστικό Δίκαιο
Library of the School of Law

2018-03-06

2018

Kotsovou Argyroula

Καραγιάννης Κωνσταντίνος, Επίκουρος Καθηγητής, Νομικής, ΕΚΠΑ

Το προσήκον μέτρο στην απρόοπτη μεταβολή συνθηκών (ΑΚ 388): οι σύγχρονες νομολογιακές εξελίξεις

Greek

The appropriate measure in the unexpected change of circumstances (388 GCC): current case- law updates

Many times, in the context of civil law, contracts are subject to risks of a change of circumstances, under which they 've been drawn up. Article 388 of Greek Civil Code (GCC), one of the most fundamental and significant provisions of our Civil Code, constitutes a safety valve in such cases of unexpected incidents, as a specific aspect of the principle of good faith and principle of leniency. The latter years, in our country, due to the financial crisis, Article 388 of GCC came again to the forefront and so various contracts, such as lease and credit contracts, needed to be readjusted. In the present paper, the concept of an appropriate measure will be developed, as a legal consistency of the unexpected change of circumstances (Chapter A), its outline will be outlined in the jurisprudence of the Greek courts in various forms of legal relations, either in the application of 388 GCC (Chapter B), or in the application of 288 GCK (Chapter C) and, lastly, reference will be made to its use by other jurisdictions belonging to both continental and Anglo-Saxon law (Chapter D).

Law and Legislation

Civil Law

unexpected case of circumstances, appropriate measure, Article 388 GCC

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https://pergamos.lib.uoa.gr/uoa/dl/object/2686445