Clausula rebus sic stantibus - Insbesondere im Spiegel der Rechtsprechung

The principle of "pacta sunt servanda" is not absolute. The clausula rebus sic stantibus addresses the limits of this principle and consequently one of the fundamental questions of contract law. The aim of this work is to outline the contours of the institute of clausula rebus sic stantibus and its integration into the Swiss legal system. Furthermore, in addition to explaining the contractual, statutory (particularly Art. 119 and Art. 373 para. 2 of the Swiss Code of Obligations), and judicial adjustment rules, it aims to illustrate the relationship between the clause regarding "error about future circumstances" and "termination for good cause." Due to the lack of codification of the general clause, the final focus will be a detailed analysis of Swiss case law. Author: Benjamin V. Enz, MLaw.