Özet:

According to pacta sund servanda, one of the basic principle of contract law, contracts must be kept and the parties have to fulfill their promises and obligations. On the other hand, the debts of the parties may become difficult to perform as a result of some changes that occurred after the contract was concluded. In such cases, binding with the contract may be against the rule of good faith. In order to prevent this objection, the parties may be obliged to renegotiate the contract in changes of circumstances. Especially in the context of the theory interference with the basis of the transaction, legal status of renegotiation has been discussed in German law. The two doctrine in this regard are put forward in literature. One of them is obligation and the other is duty. In this study, the legal status of the re-negotiation obligation in terms of German law is examined.

Anahtar Kelimeler: