Seminar in French - 8 May 2014 - Faculté de droit et de criminologie, Université catholique de Louvain
Seminar in Dutch - 20 May 2014 - Faculteit Rechtsgeleerdheid, KU Leuven
Is the judge entitled to vary the contract in case of change of circumstances?
Belgian law is hesitant but most of the legal systems and international instruments allow it.
We think that the intervention of the judge must be preceded by a renegotiation of the contract by the parties. This renegotiation must be inspired by the principle of good faith and the respect of the contractual balance.