clausa rebus sic stantibus

clausa rebus sic stantibus (klawz-[schwa] ree-b[schwa]s sik stan-t[ schwa]-b[schwa]s). [Law Latin] Int’l law.

1. A treaty provision stating that the treaty is binding only as long as the circumstances in existence when the treaty was signed remain substantially the same.

2. A doctrine by which the law supplies such a provision to a treaty that does not expressly contain one; REBUS SIC STANTIBUS. • The doctrine may be invoked when a fundamental change in circumstances (1) alters the essential basis for the parties’ consent to be bound by the treaty, and (2) radically transforms the extent of the parties’ performances under the treaty. But the doctrine does not apply to treaties establishing boundaries. Vienna Convention on the Law of Treaties art. 62 (1155 U.N.T.S. 331, 8 I.L.M. 679 (1969)). — Often shortened to clausa. — Also termed clausula rebus sic stantibus; clausula.


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译者张文,国际知名商学院金融专业,擅长翻译各种与结构性融资及衍生品诉讼相关的法律文件。
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