The webinar started with a welcome address from Prof Dr Emilia Mišćenić (ELI Croatian Hub Co-Chair; Associate Professor at the University of Rijeka, Faculty of Law) who introduced the speaker and the topic of the 10th webinar.

Following the introduction, Prof Dr Pascal Pichonnaz (ELI President; Professor at the University of Fribourg, Faculty of Law) delivered a speech on ‘Is Ordinary Contract Law Really Apt to Solve the Aftermath of the Pandemic? Some Tthoughts for a Systemic Approach’.

Professor Pichonnaz began his lecture with an overview of existing contract law concepts employed for situations similar to the current pandemic. He highlighted that the contemporary contractual situation has changed (owing to mass contracts and value-chain contracts, for example) and that the current pandemic is a systemic event that calls for a systemic solution. The lecture discussed the need for principle-oriented responses in contract law (a dynamic and cooperative understanding of contract, social and societal force majeure, and the creation of incentives for cooperative and sustainable solutions), as well as procedural aspects to support the novel approach based on the relational contract theory (a collective negotiation regime, a unique point of reference, extension of the binding force of the agreement). The lecture highlighted the approach taken by ELI in the ELI Principles for the COVID-19 Crisis.

The presentation was followed by a lively Q&A session.

The next ELI Croatian Hub webinar will be held on 18 January 2021.