Law
Wolfgang Jakob Hau
Vertragsanpassung und Anpassungsvertrag
[The Adaptation of Contracts and the Adaptation by Contract.]
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Published in German.
While in principle parties should be free to agree on a modification of their existing contract, there is a need to restrain unfair renegotiation practices such as an opportunistic demand for new terms on the one hand and a refusal to modify despite a justifiable reason for modifying on the other. Wolfgang Hau analyzes legal techniques that Anglo-American and continental legal systems apply in order to reconcile these differing interests.