The Law of Contracts in the Age of the Coronavirus Pandemic: Is the Statutory Risk Allocation pursuant to the Swiss Code of Obligations still adequate?
Journal
Jusletter
Type
journal article
Date Issued
2020-09-07
Author(s)
Abstract (De)
The coronavirus pandemic creates a variety of contractual problems. This article examines the contribution general legal institutions – subsequent impossibility of performance, delay of performance, adaption of contracts under changed circumstances, termination of permanent contracts for a compelling reason – can make to coping with the pandemic and whether Switzerland needs an extraordinary law of contracts in times of pandemic. Based on the central role of the contracting parties, the increasing erosion of the general principle of civil law «pacta sunt servanda» by the legislative, judicial, and executive branch of government is assessed critically.
Language
English
Refereed
Yes
Volume
21
Number
30
Start page
1
End page
38
Subject(s)
Division(s)
Eprints ID
266369
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Jentsch - The Law of Contracts in the Age of the Coronavirus Pandemic.pdf
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211.92 KB
Format
Adobe PDF
Checksum (MD5)
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