Article 1083. Exceptional change of circumstances

(1) An obligation must be performed even if performance has become more onerous, whether because the cost of performance has increased or because the value of what is to be received in return has diminished.
(2) If, however, performance of an obligation becomes so onerous because of an exceptional change of circumstances that it would be manifestly unjust to hold the debtor to the obligation a court may, upon request by the debtor, taking into consideration all circumstances of the case:
a) vary the performance of the parties in order to make an equitable distribution of losses and gains resulting from the change of circumstances;
b) order termination at a date and on terms to be determined by the court.
(3) In lieu of applying to the court under paragraph (2), a debtor who is a consumer may, within a reasonable period, terminate the contract if that change of circumstances substantially deprives it of what it had expected from the contract. After termination by the debtor who is a consumer under this paragraph, the creditor may apply to a court to be awarded damages for an equitable distribution between the parties of losses and gains resulting from the change of circumstances.
(4) Paragraph (2) or, as they case may be, (3) applies only if:
a) the change of circumstances occurred after the time when the obligation was incurred;
b) the debtor did not at that time take into account, and could not reasonably be expected to have taken into account, the possibility or scale of that change of circumstances;
c) the debtor did not assume, and cannot reasonably be regarded as having assumed, the risk of that change of circumstances; and
d) the debtor has attempted, reasonably and in good faith, to achieve by negotiation an equitable distribution of losses and gains resulting from the change of circumstances. The negotiation must be initiated before the extinguishment of all obligations inuring to the debtor and creditor. It is irrelevant if a party performs its obligation before the initiation of the negotiation.