The status of the COVID-19 epidemic as the basis for negotiating contracts?
25 April 2020
The epidemic period is an extraordinary situation for both parties to the contract (rental/leasing/service contracts, etc.). It provides the basis for determining a new amount of benefit (remuneration) resulting from contracts concluded for the duration of the epidemic.
The Supreme Court in the judgment dated 08.03.2018, reference No. II CSK 303/17, stated that the provision of art. 357 1 of the Civil Code regulates the possibility of court interference in the content of the contractual relationship between parties by specifying the manner of performance of the obligation, the amount of the benefit or even termination of the contract. An extraordinary change in relations is understood as a rare, unusual, exceptional and unusual event. The reasons for such a state include events of natural (crop failure), social (epidemic, natural disaster, economic crisis) events that occur commonly.
Remember! To negotiate the amount of remuneration on this basis, it cannot be satisfied.