Abstract

GUAL ACOSTA, José Manuel; FERNANDEZ MUNOZ, Mónica Lucia  and  ACOSTA RODRIGUEZ, Joaquín Emilio. Contract Modification Clauses: An Alternative for the Balance of Long-Term Contracts. Novum Jus [online]. 2023, vol.17, n.2, pp.329-352.  Epub Nov 28, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.2.13.

Given the variety of clauses, this paper proposes the precise identification of the contractual modification clauses and their importance within the broad typology of contractual adaptation clauses. In order to highlight their usefulness in favor of maintaining the contract between companies, especially if they are long-term, when they face the advent of certain risks that are usually beyond their control, without it being thought that per se they are abusive, these clauses they face dilemmas when faced with principles such as private autonomy, the pacta sunt servanda, the rebus sic stantibus and good faith, since it functions as both a preventive and an effective mechanism in favor of the balance of contractual benefits.

Keywords : adaptation clauses; unilateral and bilateral modification clauses; suspension clauses; termination clauses (termination and resciliation).

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