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The Amount of Rent Under the CoVid-19 Pandemic. Between Poland and Germany

  • Piotr Ratusznik

摘要

The outbreak of the CoVid-19 pandemic has led to unprecedented changes in the practice of law. Significant transformations have taken place in the field of contract law. The sustainability of rental agreements is a good example. Before the outbreak of the pandemic, it might have been thought that civil law in Europe was without exception based on the principle pacta sunt servanda. However, the extraordinary times of the pandemic led the judicature to apply exceptional solutions. Both in Poland and Germany, the courts as well as legal doctrine began to invoke special regulations to break the pacta sunt servanda principle. Despite the differences separating these two legal orders, both rejected any automatic solutions. The key role was played by the individual assessment of specific facts of the case.