
The Doctrine of Hardship and the Rebus Sic Stantibus clause: between legal certainty and contractual equilibrium
The doctrine of hardship addresses circumstances in which extraordinary and unforeseeable events fundamentally alter a contract’s economic balance without making performance impossible. It seeks to reconcile pacta sunt servanda, which protects legal certainty, with the need to prevent disproportionate burdens that exceed the risks originally assumed. Mexican federal legislation generally does not authorize courts to revise contracts on this basis, although Mexico City and several states recognize limited mechanisms. Internationally, the UNIDROIT Principles permit a disadvantaged party to request renegotiation and, in appropriate cases, judicial adaptation or termination. Careful drafting, including adjustment and hardship clauses, remains essential for managing risks.












