IMPACT OF CHANGE OF MANDATORY RULES FOR THE ENFORCEMENT OF CONTRACTUAL OBLIGATIONS

Abstract

This research deals with the issue of the impact of the change of mandatory legal norms on the performance of contracts. It is conducted from a comparative perspective explaining the problems of the interaction between changes in imperative legal provision and the performance of contract in civil law and common law legal traditions, as well as in soft law instruments. The problem of performance of contracts after the change of imperative legal norms has not been the subject of a more detailed legal analysis. Therefore, this research is one of the first attempts to identify the problems in this area and suggest effective solutions to them. The authors have chosen the Republic of Lithuania as the primary jurisdiction for the analysis, taking into account that Lithuania is one of a few jurisdictions that have an explicit provision on the issue of the impact of the change of mandatory legal norms on the performance of contracts. The article, taking into account the provisions of foreign states and soft law, seeks to assess the extent to which the legal regulation of Lithuania and the relevant case law ensures the balance of interests of the parties to the contract in the context of changes of mandatory rules.