Contract Revision or Termination for Imprévision

Extract

[...] Therefore, the resolution or revision of the contract are not possible. Thus, imprévision not being characterized, BeIN will not be able to obtain either revision or resolution of its contract on this basis. On the clause providing for the waiver of the application of the text on imprévision The clause depriving the debtor of its essential obligation is deemed not written (article 1170 of the Civil Code). A contract of adhesion consists of a set of non-negotiable and predetermined clauses by one of the parties to the contract (article 1110 paragraph 2 of the Civil Code). [...]

[...] In this case, the clause provides for BeIN's waiver of the application of the text related to imprévision. The fact of depriving BeIN of these legal provisions provides a significant imbalance in that in the event of a change in circumstances that makes execution burdensome for BeIN, the latter will not be able to rely on the revision of the contract or its resolution. Therefore, the clause is abusive. Thus, the clause providing for the waiver of the application of the text on imprévision is abusive, and is therefore deemed not written, so that the contract continues, but without the application of the clause. [...]

[...] BeIn finds the price of its contract unfair and wants to obtain the nullity or caducity of the contract due to the price, or revision or termination for imprévision, but a clause in the contract provides for its waiver. The question is, on the one hand, whether it can obtain the revision or termination of the contract for imprévision and on the other hand whether the clause in the contract providing for the waiver of the application of the text on imprévision is legal On Imprévision Imprévision is the situation in which one party suffers a change of circumstances, unforeseeable at the time of contract formation, making its execution excessively burdensome for the party that did not accept the risk (Article 1195 of the Civil Code). [...]