DISCUSSION ON HARDSHIP IN THE WORLD AND IN VIETNAM

Abstract

“Hardship” is a term that refers to a fundamental change in circumstances during the performance of the contract that renders contract performance excessively burdensome. However, what constitutes a fundamental change in circumstances to the extent that the contract needs to be modified or terminated is different from country to country. This article will analyze the concept of hardship under the UNIDROIT Principles of International Commercial Contract (UUPICC), the Principles of European Contract Law (PECL), the Law of Germany, France, UK, US, and Viet Nam.