The rebus sic stantibus clause en the purchase contract of an expected thing

Abstract

In this paper, the application of rebus sic stantibus clause is revised in thepurchase contract of future fruits from a crop in the form of rei emptio speratae,with the purpose of reviewing the legal nature (principle or generalclause) and the structural elements of said clause; and assess its feasibilityin the aforementioned contract, in accordance with the principle of goodfaith and the sui generis nature of that legal transaction which gives itthe future character of its subject. The constitutional background of thatgeneral provision is also reviewed as reiteration of the Roman doctrine ofperson’s primacy in the law. To perform the legal research, from a methodologicalpoint of view, a technique of thinking based on a problematic casestudy is adopted.