The second phenomenon of harshness is characterized by a significant depreciation of the benefit received by a party, including cases where the benefit for the receiving party no longer has any value at all. Performance can relate to either a monetary or non-monetary obligation. Significant depreciation or total impairment of performance may be due to either drastic changes in market conditions (e.g. B to the effect of a dramatic increase in inflation on a contract price), or to the frustration of the objective for which the performance was necessary (for example. B the effect of a prohibition on building on land acquired for construction purposes or the effect of an export). For example, the embargo on goods purchased for subsequent export). If the fundamental change in the balance of the contract occurs at a time when the service has only been partially provided, the hardness can only be important for those parts of the service that remain to be provided. In the event that the contracts of the undertaking which are in a difficult situation contain a hardship clause or a reference to legal principles such as: the single-law principles of international trade agreements, the principles of European contract law and the draft common framework of reference, the applicable stringency clause is usually updated. In this case, the terms of the contract require the parties to agree to negotiate the fate of the contract. On the other hand, the principle of Bona-Fides stresses the need to provide reliable and true information on the new costs of services. In addition to the cost of services, other conditions also take into account the judge`s assessment of the right to the amendment.
A price increase at the time of the service, higher than any forecast could have given at the time of the conclusion of the contract, is never a sufficient reason to claim an adjustment. For example, the right to change the price of a rental agreement for a residential unit is much more pleasant for both parties than for bank credit agreements. However, requests for adaptation to credit agreements emphasize the principle of protection of the vulnerable party. An amendment by the vulnerable party is considered much more positive by the courts. Hardship clauses are generally renegotiation clauses aimed at ensuring economic rebalancing between the parties. Difference from z.B. .