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Basic Legal Framework of Hardship Clause and Comparative Research

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DOI: 10.23977/law.2023.020202 | Downloads: 22 | Views: 394


Jing Zhou 1


1 Università degli Studi di ROMA "La Sapienza", Rome, Italy

Corresponding Author

Jing Zhou


The hardship clause is a specific application of the principles of fairness and good faith in contractual relations, and has always played an important role in international commercial trade. The hardship clause intends to exclude manifestly unfair outcomes in contracts resulting from significant changes in the political, economic or social situation, reflecting fairness and justice. This article outlines the legal framework and functions of hardship clause, briefly compares hardship and force majeure, and accordingly elaborates on the equivalent concept of "change of situation" in Chinese law.


Hardship clause, force majeure, change of situation, PICC


Jing Zhou, Basic Legal Framework of Hardship Clause and Comparative Research. Science of Law Journal (2023) Vol. 2: 13-17. DOI: 10.23977/law.2023.020202.


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