ThE NEW FRENCh CONTRACT LAW it was necessary to "deduce from the requirement that the party requesting renegotiation "had not accepted the risk" that conversely, they could have accepted the risk and thus to dismiss the unforeseen change of circumstances regime by a contractual term precisely specified in the contract". The commission du Sénat thus considers that "the suppletive nature of this article allowed the admission of terms for the total exclusion of the regime of unforeseen change of circumstances". The commission des lois du Sénat emphasised "the difference between unforeseen change of circumstances and force majeure in contractual matters governed by Article 1218", the latter making it impossible to perform the contract, "whereas in the case of the unforeseen change of circumstances performance could have continued, leading however to an "excessively onerous performance". In addition, the commission des lois du Sénat considered that "the request for renegotiation by the other contracting party is a necessary prerequisite before referral to courts", making its absence a fin de non recevoir, unless the parties decide, as they may do by common agreement, to put an end to the contract or request the amicable revision of the contract in application of the contractual principle of mutuus dissensus provided for under Article 1193. 416