«Rebus sic stantibus»: Fundamento y efecto

Since its appearance, the clause -or theory- rebus sic stantibus has involved a confrontation between legal certainty, through the principle of binding contracts, and justice, through the need of modulating contractual obligations when, as a consequence of unforeseeable circumstances, they have become exorbitantly bundersome. This need to mitigate the rigor of the principle of binging contracts had develop different Theories settled in the legal systems of our environment. In Spain, the need has been satisfied through the clause -or theory- that we analyze here. The rebus sic stantibus clause must be a contractual rebalancing mechanism, adapting it to the situation resulting from the change of unforeseeable circumstances, which removed the contract from the context in which it was perfected. This article aims to develop the basis of the clause to question the possibility that through the rebus sic stantibus clause, the termination of the contract can be reached.