"Theory of the Unforeseen" in the light of the Nicaraguan legal system: the need for regulation and benefits of foreign experiences.

Abstract

The present research work revolves around the phenomenon whereby certain unforeseeable situations can seriously alter the original contracting conditions that initially led the parties to enter into a long-term contractual relationship, making their compliance excessively burdensome for one of the parties. Given this premise, we will address how the doctrine and legislation have identified in the figure of the "Theory of the Unforeseen" a solution that allows to adjust the contractual relationship to the new reality, emphasizing that this figure is of use as a prudent exception to the Pacta Sunt Servanda rule. We will address this figure around its legal situation in Nicaragua and the use of foreign experiences from Italy and Germany to be able to make a diagnosis and the relevant recommendations.