Civil Code · English · 2015
Article 1438
Definition of Hardship
There is hardship where the occurrence of events fundamentally alters the equilibrium of the contract either because the cost of a party's performance has increased or because the value of the performance a party receives has diminished, and:
#(a)
the events occur or become known to the disadvantaged party after the conclusion of the contract;
#(b)
the events could not reasonably have been taken into account by the disadvantaged party at the time of the conclusion of the contract;
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