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Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco

Journal of Civil Law Studies

The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …