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you are here: > Canonum De Ius Positivum
> Article 145
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IV. Consensus |
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| 4.5 Consensus Dispute and Extinction | ||
| Article 145-Impracticability | ||
| Canon 2411 | ||
| Impracticability is a fictional concept whereby unforeseen circumstances make performance of the terms of the Consensus unreasonably difficult or unviable for the party obligated to perform. | ||
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| Canon 2412 | ||
| “Unforeseen circumstances” in relation to Impracticability is any change in circumstances that were not anticipated nor included in any of the terms of the Consensus. | ||
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| Canon 2413 | ||
| “Unreasonably difficult” or “unviable” in relation to Impracticability is a change to the conditions of performance of the agreement that place an unreasonable burden on a party that may also render performance unviable for the party. | ||
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| Canon 2414 | ||
| No mercantile agreement may seek to exclude the right to claim relief through the defense of Impracticability. | ||
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| Canon 2415 | ||
| The claim of relief through the defense of Impracticability does not excuse non-performance, unless no relief is properly offered. | ||
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