The principle of freedom of contract, which has been adopted in
modern legal systems, states that the content of the agreement may
be freely determined by the parties, provided that it remains
within the limits set by the law. The parties are expected to be
faithful to the provisions of the agreement, the content of which
is freely determined, and to duly fulfill their obligations arising
from the agreement; this expresses the principle of fidelity.
However, despite the alignment of the parties' wills,
declarations, rights, and obligations during the conclusion of the
agreement, it is sometimes encountered that the parties are unable
to fulfill their contractual obligations. The balance that existed
between the mutual obligations when the agreement was concluded may
be unbearably distorted against one of the due to the extraordinary
change of circumstances. In the event that one of the contracting
parties has difficulty in fulfilling its contractual