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Cuestiones procesales entorno a la alegación de la cláusula rebus en los juicios de desahucio.
- Source :
-
Justicia . 2023, Issue 1, p75-105. 31p. - Publication Year :
- 2023
-
Abstract
- The health emergency caused by COVID-19 has led to the legal «resurgence» of the clause rebus sic stantibus as a tool that makes it possible to modify contractual relationships and achieve a balance between the services rendered by the contracting parties, a balance which had come to a sudden end with the onset of the pandemic. The renewed operability of the rebus clause has a direct impact on the judicial system as it has resulted in a proliferation of lawsuits aiming to modify contracted legal obligations. The aim of the present paper is to respond to the practical questions raised in the daily life of our judicial bodies, which have to deal with claims from members of the general public or companies seeking, during an eviction trial, to reduce their economic burden or release them from it by applying the rebus clause. This can raise procedural questions that condition both the judicial response and the procedural processing, and which legal operators have to deal with on a daily basis. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Spanish
- ISSN :
- 02117754
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- Justicia
- Publication Type :
- Periodical
- Accession number :
- 171906460