Clausula Rebus Sic Stantibus: A Deep Dive into Its Legal Definition and Impact

Q: What does clausula rebus sic stantibus mean?

It means things thus standing and refers to a legal doctrine allowing treaties to become void due to significant, unforeseen changes.

Q: When can this principle be invoked?

It can be invoked when a fundamental change occurs that was not anticipated by the parties at the time of the agreement.

Q: Is this principle applicable in domestic law?

Clausula rebus sic stantibus primarily applies in international law, but similar principles may exist in domestic contract law.

Definition & Meaning

The term clausula rebus sic stantibus is a Latin phrase that translates to "things thus standing." It refers to a legal principle in international law that allows treaties to become void or inapplicable due to significant changes in circumstances that were not anticipated by the parties involved. This doctrine serves as an exception to the general rule that agreements must be honored (known as pacta sunt servanda). While this principle is recognized in customary international law, it is also outlined in Article 62 of the Vienna Convention on the Law of Treaties from 1969.

Table of content

Legal Use & context

This principle is primarily used in the context of international treaties and agreements. It is relevant in various areas of law, including:

International law
Contract law

Understanding this doctrine can be crucial for parties involved in international agreements, as it provides a mechanism to address unforeseen changes. Users can manage related legal documents using resources such as US Legal Forms, which offers templates drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples illustrating the application of this principle:

Hypothetical example: Country A and Country B sign a trade agreement. If a natural disaster in Country A significantly alters its ability to fulfill the agreement, Country A may invoke clausula rebus sic stantibus to renegotiate or withdraw from the agreement.
Hypothetical example: A country signs a treaty to provide military support to another country. If a major political shift occurs, making the treaty's terms untenable, the affected country may seek to apply this doctrine to avoid compliance.

Relevant laws & statutes

Article 62 of the Vienna Convention on the Law of Treaties (1969) is the primary legal reference for clausula rebus sic stantibus. This article outlines the conditions under which a party may invoke this principle to terminate or suspend a treaty.

Comparison with related terms

Term	Definition	Key Differences
Pacta sunt servanda	A principle that agreements must be kept.	Clausula rebus sic stantibus is an exception to this rule.
Force majeure	A clause that frees parties from liability when an extraordinary event prevents fulfillment.	Force majeure typically applies to unforeseen events, while clausula rebus sic stantibus focuses on fundamental changes in circumstances.

Common misunderstandings

What to do if this term applies to you

If you believe that a significant change in circumstances may affect a treaty or agreement you are involved in, consider the following steps:

Review the terms of the agreement to determine if it includes provisions for unforeseen changes.
Consult with a legal professional to understand your options and the potential implications of invoking this doctrine.
Explore US Legal Forms for templates that may help you draft necessary documents or agreements.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Attribute	Details
Legal Area	International law, contract law
Applicable Document	International treaties
Key Reference	Article 62 of the Vienna Convention on the Law of Treaties (1969)