Rebus sic stantibus definitions
| Word backwards | suber cis subitnats |
|---|---|
| Part of speech | The term "rebus sic stantibus" is a Latin expression that is used in international law. It is a legal term and therefore does not have a traditional part of speech classification. |
| Syllabic division | re-bus sic stan-ti-bus |
| Plural | The plural of rebus sic stantibus is rebus sic stantibus. |
| Total letters | 17 |
| Vogais (4) | e,u,i,a |
| Consonants (6) | r,b,s,c,t,n |
Rebus sic stantibus is a Latin term that translates to "things thus standing" in English. It is a legal doctrine that allows for the modification or termination of a contract when there is a significant change in circumstances that was unforeseen by the parties at the time the contract was created.
Origin and Application
The principle of rebus sic stantibus dates back to Roman law and has been adopted in various legal systems around the world. It recognizes that contracts are based on the assumption that certain conditions will remain stable, and if those conditions change significantly, it may be necessary to adjust the terms of the contract.
Criteria for Invocation
In order to invoke rebus sic stantibus, certain conditions must be met. The change in circumstances must be unforeseen, significant, and beyond the control of the parties involved. It must also make the performance of the contract excessively burdensome for one party.
Examples of Application
One common example of rebus sic stantibus is a case where a natural disaster such as a hurricane or earthquake destroys the subject matter of the contract. In such a situation, it would be unfair to hold the parties to the original terms of the contract as they could not have foreseen such an event.
Limitations
While rebus sic stantibus allows for flexibility in contract law, it is not a principle that is applied lightly. Courts are generally hesitant to allow for modifications to contracts based on changing circumstances and will only do so in cases where the criteria for invocation are clearly met.
Legal Precedents
There have been several notable legal cases where rebus sic stantibus was invoked successfully, leading to modifications or terminations of contracts. These cases have helped to establish the boundaries and limitations of the doctrine in various jurisdictions.
In conclusion, rebus sic stantibus is an important legal doctrine that recognizes the need for flexibility in contracts when unforeseen changes in circumstances make it impossible or unfair to uphold the original terms. While it is not a principle that is applied liberally, it serves as a valuable tool in addressing unexpected events that can impact contractual agreements.
Rebus sic stantibus Examples
- The contract can be terminated due to rebus sic stantibus if the circumstances change significantly.
- The party may be released from their obligations under rebus sic stantibus if unforeseen events occur.
- Rebus sic stantibus allows for a contract to be modified if new conditions arise.
- The principle of rebus sic stantibus applies when there is a fundamental change in circumstances.
- Rebus sic stantibus recognizes that agreements cannot account for every possible scenario.
- Under rebus sic stantibus, parties may seek to renegotiate terms based on new developments.
- Rebus sic stantibus is a legal doctrine that acknowledges the flexibility needed in contracts.
- The court may invoke rebus sic stantibus to address unforeseen changes in a contract.
- Rebus sic stantibus allows parties to address situations that were not anticipated at the time of contracting.
- Changes in economic conditions may trigger the application of rebus sic stantibus in contractual matters.