L’imprévision et la possibilité de la révision du contrat international en vertu de l’article 79 de la Convention de Vienne

Abstract

The UN Convention on Contracts for the International Sale of Goods, which came into force in 1988, has become one of the most important legal acts in international trade. However, despite more than 20 years of it being in force, there are still many questions that have not yet been resolved definitely, either by the doctrine or the jurisprudence. One of these issues is the application of the Convention to situations of hardship (imprévision) and, if applicable, its consequences. For a long time, this question and any opinions presented on the subject remained rather theoretical. Nevertheless, in 2009 the Belgian Court of Cassation rendered a judgment (Scafom International BV v. Lorraine Tubes S.A.S; No. C.07.0289.N; 19 June 2009) that caused great controversy among the commentators of the Convention by sanctioning the possibility of invoking Article 79 of the Convention by a party affected by a change of economic circumstances in order to demand the renegotiation or termination of the contract. This article starts by presenting the argumentation justifying the application of the Convention in cases where economic upheavals make the performance of a contract too expensive, but not impossible. It goes on to cite the decision of the Belgian Court of Cassation, and certain remarks made by the representatives of the doctrine confirming this interpretation.