21 Exceptional change of circumstances

Many modern laws have recognised that in extreme circumstances it may be unjust to enforce the performance of contractual obligations that can literally still be performed according to the original contract terms if the circumstances in which the obligations were assumed were completely different to those in which they fall to be enforced. As noted above, this qualification is stated in general terms in the Principes directeurs.1. It is also recognised in the DCFR but the parties remain free, if they wish, to exclude any possibility of adjustment without the consent of all the parties.2.