Hans Nieuwenhuis’ work is difficult to capture in a single sentence. It aims to impart an understanding of private law which, Nieuwenhuis says, requires an awareness of time, space and balance. We... Show moreHans Nieuwenhuis’ work is difficult to capture in a single sentence. It aims to impart an understanding of private law which, Nieuwenhuis says, requires an awareness of time, space and balance. We measure his work by his own yardstick. Show less
Het werk van Hans Nieuwenhuis is moeilijk in één zin te vatten. Het beoogt begrip bij te brengen van burgerlijk recht. Daarvoor is volgens Nieuwenhuis ruimte- en tijdsbesef nodig, en weegvermogen.... Show moreHet werk van Hans Nieuwenhuis is moeilijk in één zin te vatten. Het beoogt begrip bij te brengen van burgerlijk recht. Daarvoor is volgens Nieuwenhuis ruimte- en tijdsbesef nodig, en weegvermogen. Wij leggen zijn werk langs die zelfgekozen meetlat. Show less
Economic and political instability has become a characteristic of many societies around the globe. Recent examples revealing the volatility of the current state of affairs include the trade... Show moreEconomic and political instability has become a characteristic of many societies around the globe. Recent examples revealing the volatility of the current state of affairs include the trade restrictions imposed by the Russian Federation in August 2014, and currency fluctuations experienced by many countries, including Russia and potentially Greece. In this situation, one may wonder whether contract law has a solution to offer to the parties affected. Traditionally dominated by the pacta sunt servanda principle, jurisdictions made their own choices. This paper analyses approaches adopted by Russian, German and French law in response to situations of force majeure (trade embargoes)and unforeseen change of circumstances (currency fluctuations). In search for an explanation of each given approach, we reviewed historical arguments, as history played a crucial role in the formation of German and French responses, though in a completely different way. Whereas Germany, heavily affected by the cataclysms of the World Wars, was eager to adopt a lenient view on the possibility of the judicial revision of contracts, France never gave up its suspicion of court interventions. As legal preferences are often connected with cultural factors, we looked at distinct cultural traits of the societies at issue, by using the Hofstede index. We realized that there could be compelling cultural reasons why France and Germany are situated at opposite poles, while Russia is somewhere in the middle. Lastly, we took into account considerations derived from law and economics, arguing that narrowly construed court intervention might be economically justified in cases of impossibility and impracticability, as ultimately decreasing transaction and risk-appraisal costs. Show less
Graaff, R. de; Rampersad, Y.A.; Tavernier, P.C.J. de; Weide, J.A. van der 2013
