Adjustment of Contract, i.e. Conciliation
According to the Contracts Act a contractual term may be adjusted or completely disregarded, if the term is unfair or its application would result in unfairness. An entire content of a contract and position of parties will be taken into account when evaluation of the contract takes place. Also circumstances during and after the conclusion of the contract and other possibly significant facts will be then paid attention to.
Unreasonable contractual conditions may be conciliated in court in exceptional circumstances. This is possible even if there is no ground for voidness or invalidity. Conciliation is always an exception and is only used in situations where the contracting parties are in un-equal bargaining positions. In practice conciliation is not usually possible if the change in circumstances should have been foreseen by the parties before making the contract. The change should therefore be unforeseeable. When a contact is conciliated it is always considered as a whole even if only one of its provisions is amended. Therefore, a condition which on its face seems unreasonable may in fact be reasonable when read together with other provisions.
In practice, conciliation may result in the amendment or disregard of a specific condition, amendment of other parts of the contract or even the contract being declared void. Amendment of other parts of the contract only becomes relevant if it is not possible to achieve the desired result by amending or disregarding the unreasonable condition. It is extremely rare for the entire contract to be declared void.