Contractual Performance, Breach of Contract and Contractual Obligations in Times of Crisis: On the Need for Unification and Codification in European Contract Law

The sanctity of contracts, a guiding principle contract law in civil systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse performance lead adaption termination obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates excuses remedies breach aims address fundamental questions, whether institutions still serve purpose times pandemic what extent uniform action codification such is needed European Contract Law. A functional comparative approach used unfold analyse timeless questions from contemporary perspective.