Clauses rebus sic stantibus in the context of credit agreements with foreign currency

Abstract

This article deals with issues of application rebus sic stantibus clauses to credit agreements with foreign currency. In this regard opinions are divided and as well doctrine as judicature cannot give a clear answer. The author in looking for a solution of the problem presents the historical context of rebus sic stantibus clause and pacta sunt servanda rule, describing their mutual relations. Observed for some time revival of rebus sic stantibus clause and weakening of the pacta sunt servanda rule gives the basis for thesis that adaptation this clause to credit agreements with foreign currency is not excluded.