Onvoorziene omstandigheden
Unforeseen circumstances
Unforeseen circumstances are situations that arise after the conclusion of an agreement and that the parties could not reasonably have foreseen, rendering performance disproportionately onerous.
In Dutch law, particularly Article 6:258 of the Dutch Civil Code, unforeseen circumstances may provide a court with grounds to amend or dissolve an agreement. This mechanism corrects the effects of contracts where subsequent developments render the original terms unreasonably onerous for one of the parties.
The provision is significant because it safeguards the balance between freedom of contract and the requirements of reasonableness and fairness. Without this possibility, parties could find themselves bound by arrangements that have become impracticable or inequitable due to unforeseen factors.
In practice, reliance on this provision is frequently invoked in long-term agreements, such as leases or supply contracts, for instance in the event of economic shocks, new legislation or unforeseen market conditions.
“The tenant invoked unforeseen circumstances when the COVID-19 measures rendered operation of the premises impossible.”
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