Parts III–IV

The source of inspiration for Article 9841 of the Draft Civil Code lies in the Principles of European Contract Law. Article 9841 begins by stating the obligation to perform the contract—pacta sunt servanda—in cases where the debtor’s obligation becomes unduly onerous. However, if performance of the contract has become excessively onerous as a result of a change in circumstances—a change that could not have been foreseen at the time the contract was concluded—the Draft Civil Code imposes on the parties the obligation to negotiate with a view to adapting or terminating the contract. Failure to reach an agreement through negotiations will result in the matter being brought before a court, which may decide either to adapt the contract or to terminate its effects.