Impossibility and change of circumstances in concession contracts

Abstract

After the pandemic, institutes such as force majeure (i.e. impossibility) and change of circumstances have gained enormous prominence. However, the distinction between the two is not always clear, in addition to the lack of recognition of the correspondence between the traditional force majeure and impossibility, whose regime is found in the Civil Code. In concessions, in addition to the relationship between the risk transferred to the concessionaire and the change in circumstances, we must also look at the regulation of disturbances in the performance of the contract that the parties make through force majeure clauses.