შეცვლილი გარემოებებისადმი ხელშეკრულების მისადაგება როგორც ვალდებულების შესრულების სამართლებრივი დაცვის მექანიზმი

Pacta sunt servanda is a fundamental principle and a guarantee of the stability of civil law. It also determines the balance of contract law and participants in civil turnover Rights and responsibilities. background of unstable political situation and constantly changing socio-economic environment, the contractual relationship may change independently of the will of the parties and beyond their control this or that circumstance, thus it is necessary to have a certain mechanism to ensure justice in such cases.
The parties to the contract are not able to take into account all the events and circumstances that will affect the performance of the contract. The emergence of altered circumstances is an inherent risk of civil turnover, the balancing of which is the prerogative of the parties and in some cases the court. With the enactment of the contract mechanism in the face of changing circumstances, at first glance it seems that the above principle is violated, but it should be noted that it is not violated, but gives place to the concept Clausula rebus sic stantibus - which aims to maintain a contractual relationship, mutual mutual interest and mutual respect.
Adapted to the changed circumstances of the contract, it is true that the parties can not return to the original state, because the consequences of changing the situation are in the face. However, by adapting it, it is possible to partially fulfill the obligation, which can be an indicator of continuity and long-term benefits for long-term relationships. At such times, it is important for the parties to maintain balance, build trust and maintain the relationship, for which they have taken the time and resources. All this is achieved by the principle of good faith, by observing the moral-psychological aspect of the parties and by showing kindness to one another.
It should be noted once again that despite many problematic issues and legislative shortcomings, the 398th norm enshrined in the Civil Code of Georgia is a mechanism for the legal protection of the fulfillment of an obligation in its essence and function. The purpose of this paper is to present and discuss this. Also, making recommendations based on the analysis of positive law and case law to eliminate the shortcomings of the norm.