Modification of the contract and its legal aspects

Modification of the contract and its legal aspects




The Civil Code of Georgia contains a norm (398), which provides for the possibility of making amendments to the contract in the event that circumstances have changed after the conclusion of the contract, which have a clear impact on the civil legal relations between the parties. Naturally, this means such circumstances, when the existence of which does not arise from the will of either party. The specified norm acquires special importance at the current stage of society's development, when events occur around us that cannot be foreseen in advance. The existence of such circumstances places a heavy burden on the parties to the contract, therefore the law must ensure the protection of these parties. As we mentioned above, the Civil Code contains a norm governing such a relationship. However, it should be noted that it is necessary to highlight more the tendencies of the protection of the persons affected by the changed circumstances. In recent years, new approaches have been developed in relation to the mentioned issue, new legal norms, principles and   it is desirable that Georgia also revises the regulation norm of this relationship, from the point of view that the rights of the party which, due to the changed circumstances, put a heavy burden on the fulfillment of the agreement will be more ensured. It is necessary for such a party to be protected from unforeseen unfair consequences in the sense that he can adapt the contract to the changed circumstances, and in case of failure to achieve such a result, the contract must be terminated.


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Author Biography

Maia Sulkhanishvili, Ilia State University

Associated professor


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How to Cite

Sulkhanishvili, M. (2023). Modification of the contract and its legal aspects. SCIENTIFIC JOURNAL „SPECTRI“, 1.