On April 28, it was presented at Fide the proposal for legal regulation of the excessive onerousness of the provision and the frustration of the end of the contract in light of the jurisprudence on the clause "rebus sic stantibus".
The Online Session was held with the aim, not only to present the aforementioned proposal from the Crisis Cabinet of Fide in civil and commercial matters, but to debate the content of the single published article, to the more than 130 professionals who attended the session held through Microsoft Teams.
The session was moderated at all times by Cristina Jiménez Savurid, President of Fide, who after a brief introduction on the regulatory proposal, gave the floor to the other members of the Cabinet, that is, Ignacio Diez-Picazo, Víctor Moreno Catena, Amanda Cohen Benchetrit and José María Blanco Saralegui, so that they could briefly explain the content of the proposal, but above all, the reasons and circumstances that justify the need to positivize the clause "rebus sic stantibus".
Here is a brief summary of the opinions and interventions that took place during the session:
In general terms, the attendees positively valued the proposal, highlighting the renegotiation or the attempt to renegotiate the conditions of the contracts, as a requirement for the admission for processing of the demands that seek the review or resolution of these.
The need and timing of regulation were issues that were discussed throughout the session, especially given the peaceful position of the speakers and attendees regarding the current jurisprudential interpretation of the clause “rebus sic stantibus".
Several attendees contributed suggestions and nuances for their incorporation into the proposed single article, among them, it was proposed to make an express reference to the successive tract contracts, such as those contracts to which the regulation proposed by the Cabinet would be applicable. In this sense, the possibility of applying the proposed regulation to those single-tract contracts that have not yet been executed was discussed.
Without a doubt, beyond the legal and economic issues that this first proposal from the Crisis Cabinet of Fide, the development of the Session invites us to conclude that more initiatives and proposals of this nature are necessary, which analyze and reflect, with greater or lesser success, on the impact that COVID-19 will have on an immensity of ongoing legal relations.
The high level of attendance and participation in this first session on the regulatory proposal, has as a consequence the convening of a second session to debate the pending issues, as well as the new proposals and suggestions that are received as a result of this first meeting. .