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Article 451. Modification and avoidance of the contract in connection with a fundamental change of circumstances

📅 Updated: 30.09.2026

1. A substantial change in the circumstances on which the parties relied in the conclusion of the contract is the basis for its modification or avoidance, unless otherwise provided in the contract or implied by the contract The change of circumstances is considered to be significant when it has changed to such an extent that if the parties could reasonably foresee it, the contract would not have been concluded or would have been concluded at all. 2. If the parties have not reached agreement to bring the contract into conformity with substantially changed circumstances or to avoid it, the contract shall be concluded under substantially different conditions. may be dissolved and, on the grounds provided for in paragraph 4 of this article, modified by the court at the request of the party concerned, provided that the following conditions are met at the same time: (1) at the time of conclusion the parties assumed that such a change of circumstances would not occur; (2) the change of circumstances was due to reasons that the party concerned could not overcome after the change of circumstances; and (2) the change of circumstances was due to reasons that the party concerned could not overcome after the change of circumstances. In the degree of care and care required of it by the nature of the contract and the terms of its turnover; (3) performance of the contract without changing its terms would be such a breach The relationship between the property interests of the parties in accordance with the contract and would cause the party concerned to suffer such damage that it would be significantly deprived of what it was entitled to consider. 3. If the contract is avoided as a result of a substantial breach of the contract, it does not appear from the customs or substance of the contract that the party concerned is at risk of changing circumstances. The court shall, at the request of any of the parties, determine the consequences of avoidance of the contract on the basis of the need for equitable sharing among the parties of the costs incurred by them in the ordinary course of the contract. 4. The modification of the contract in connection with a fundamental change of circumstances is permitted by a court decision in exceptional cases where the avoidance of the contract is contrary to the contract. It would be in the interest of the parties to perform the contract under the terms amended by the court, or to cause the parties to suffer damage well in excess of the costs required for the performance of the contract.