شرط إعادة التفاوض في عقود النقل البحري واحترام قاعدة حسن النية

Abstract EN

In the business law, the maritime transportation contract is of paramount importance, as it is the engine of international trade contracts.

these are contracts in which the pactasuntservanda rule gives the parties the freedom to include whatever they deem necessary to make their contract work at the time of conclusion, as well as foresee a potential hardship clause if circumstances arise that may affect the contractual equilibrium.

international conventions and national legislation in this field have been keen to dress the hardship clause in good faith as a measure that demonstrates the legal, economic and ethical maturity of operators.