Model Rules of European Contract Law. From Draft Common Frame of Reference to Draft Optional Instrument
|
|
- Peter Norman
- 7 years ago
- Views:
Transcription
1 Model Rules of European Contract Law. From Draft Common Frame of Reference to Draft Optional Instrument Kåre Lilleholt PRESENTATION OF THE DRAFT COMMON FRAME OF REFERENCE AND THE FEASIBILITY STUDY ON EUROPEAN CONTRACT LAW (1 11) 1 Introduction The European Commission is working on a feasibility study on a European Contract Law for Consumers and Businesses, presented in May 2011 by an Expert Group. The Commission has published a work-in-progress version dated 8 July It is still not decided what kind of text that may come out of this, but the most likely alternative is an optional instrument, possibly legislated as a Regulation making the instrument a 2 nd regime in each member state. 2 The feasibility study is based on the Draft Common Frame of Reference (DCFR, more below), but covers only general rules on formation of contract and rules on sales contracts and related service contracts. The third important text at the moment is the revised version of the proposal for a Consumer Rights Directive 3 These lectures will concentrate on the process up to the DCFR and the possible optional instrument, the discussion on these instruments, and on some examples of the content of the instruments. Preparation: Read Introduction in Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of Reference (DCFR). Outline Edition, Munich 2009 ( Read Introduction of the Expert Group s feasibility study (see footnote 1). You do not have to read the works referred to in the footnotes of this outline. Prepare exercises. 2 National law, choice of law, uniform law, harmonisation Contract law varies from country to country, also in Europe. There are differences not only between common law and civil law countries, but even among civil law countries 1 The Expert Group s study and the Commission s version are available here: 2 COM(2010) 348 final p See for the latest development, including a consolidated text agreed upon by the Parliament and the Commission: CDT95928&body=IMCO
2 Comparative Private Law Autumn of 14 When a contract is connected to more than one legal system, choice-of-law rules decide which (substantive) rules govern the contractual relationship. For EU member states, see Regulation 593/2008 on the law applicable to contractual obligations (Rome I) States may agree on uniform rules on certain types of contract, e.g. CISG (UN Convention on contracts for the international sale of goods) Harmonisation has different meanings: bringing national rules closer or creating common rules and principles European Union legislation: regulations may be regarded as uniform legislation; directives as harmonisation instruments Non-state instruments: Unidroit Principles of International Commercial Contracts. Principles of European Contract Law (PECL); Draft Common Frame of Reference Some recent and ongoing national reforms: German Schuldrechtsform (from 2001), influence from EU legislation, CISG; new civil codes in several Eastern European countries (e.g. Estonia), influence from EU legislation, CISG, PECL; French avant-projet Catala (law of obligations) 3 Academic projects concerning European private law During the last thirty years, several academic groups have been working with various aspects of European private law. Some of them will be mentioned here: The Principles of European Contract Law was prepared by the Commission on European Contract Law ( the Lando Commission) 4 The Study Group on a European Civil Code is the successor of the Lando Commission. The Study Group prepared several volumes of Principles of European Law 5 The Acquis Group targeted a systematic arrangement of existing Community law which will help to elucidate the common structures of the emerging Community private law 6 The Common Core of European Private Law Project ( the Trento Common Core Project ), under the leadership of Ugo Mattei and Mauro Bussani, has completed several comparative studies on European private law 7 4 O. LANDO and H. BEALE, eds., Principles of European Contract Law. Parts I and II Revised, The Hague 2000; O. LANDO et al., eds., Principles of European Contract Law. Part III, The Hague C. V. BAR, Benevolent intervention in another's affairs (PEL Ben. Int.), Munich 2006; M. W. HESSELINK et al., Commercial agency, franchise and distribution contracts (PEL CAFDC), Munich 2006; M. BARENDRECHT et al., Service contracts (PEL SC), Munich 2007; U. DROBNIG, Personal security (PEL Pers. Sec.), Munich 2007; K. LILLEHOLT et al., Lease of goods (PEL LG), Munich 2008; E. HONDIUS, Sales (PEL S), Munich 2008; C. V. BAR, Non-Contractual Liability Arising out of Damage Caused to Another (PEL Liab. Dam), Munich 2009; B. LURGER and W. FABER, Acquisition and Loss of Ownership of Goods (PEL Acq. Own.), Munich 2011; C. VON BAR and S. SWANN, Unjustified enrichment (PEL Unj. Enr.), Munich More information at 6 Quoted from See also Contract I: Pre-contractual obligations, conclusion of contract, unfair terms. Prepared by Research Group on the Existing EC Private Law (Acquis Group), München 2007; Contract II: General Provisions, Delivery of Goods, Package Travel and Payment Services. Prepared by Research Group on the Existing EC Private Law (Acquis Group), Munich 2009.
3 Comparative Private Law Autumn of 14 The Academy of European Private Lawyers, ( Gandolfi Project ) based in Pavia, has published a draft European Contract Code, inspired by the Italian Civil Code and a draft Contract Code prepared for the Law Commissions of England and Scotland by Harvey McGregor 8 The European Group on Tort Law ( Tilburg Group ) has drafted Principles of European Tort Law 9 The Commission on European Family Law conducts research concerning the harmonisation of family law in Europe 10 The Unidroit Principles of International Commercial Contracts are not limited to Europe; on the other hand they deal with commercial contracts exclusively 11 4 The Common Frame of Reference political documents The European Parliament has repeatedly expressed the need for harmonisation of European private law (or even a European civil code) 12 The Commission s action plan on a more coherent European contract law resulted inter alia in a research project for the preparation of a common frame of reference of European contract law (CFR). 13 Among the participants of the research network (Joint Network on European Private Law (CoPECL)) were the Acquis Group, the Study Group on a European Civil Code, and the Common Core of European Law Project. 14 The DCFR is an academic text a possible CFR will be prepared by the Commission An expert group was appointed in April 2010, a Green Paper on policy options was presented in July 2010 (COM/2010/0348 final), in May 2011 the feasibility study was published and in July the Commission s work-in-progess version (see 1 above) 7 See for a comprehensive list of publications, 8 G. GANDOLFI and L. GATT, eds., Code européen des contrats: avant-projet, Milano Black letter rules of this first Book as well as of the first Title (Sale) of the second Book are available at 9 Principles of European tort law: text and commentary, Wien Black letter rules in several languages are available at 10 See for publications etc., 11 Unidroit principles of international commercial contracts 2004, Rome More information at See also M. J. BONELL, An international restatement of contract law: the UNIDROIT Principles of International Commercial Contracts, Ardsley, N.Y. 2005; M. J. BONELL, ed., The Unidroit Principles in Practice: Caselaw and Bibliography on the Unidroit Principles of International Commercial Contracts, Ardsley, N.Y. 2006; S. VOGENAUER and J. KLEINHEISTERKAMP, Commentary on the Unidroit principles of international commercial contracts (PICC), Oxford See for example, press release 12 April COM(2003) 68 final; see also COM(2001) 398 final; COM(2004) 651 final; COM(2005) 456 final; COM(2007) 447 final. 14 More information at
4 Comparative Private Law Autumn of 14 5 The Draft Common Frame of Reference and the French drafts A full version of the Draft Common Frame of Reference was published in October A text which can, to a certain extent, be regarded as an alternative to the DCFR, were published by the Association Henri Capitant and the Société de législation comparé in 2008, including a revision of PECL 16 6 The DCFR overview The DCFR has the formal outline of a civil code (books, chapters, sections, articles) Black letter rules, comments with illustrations, comparative notes Book I Book II Book III Book IV Book V Book VI Book VII Book VIII Book IX Book X General provisions Contracts and other juridical acts (pre-contractual duties, formation of contract, representation, invalidity, interpretation, etc.) Obligations and corresponding rights (performance, remedies for nonperformance, transfer of rights and obligations, set-off, prescription) Specific contracts and the rights and obligations arising from them (sales, leases, services, mandate, commercial agency, franchise and distributorship, loan contracts, personal security, donation) Benevolent intervention in another s affairs Non-contractual liability arising out of damage caused to another Unjustified enrichment Acquisition and loss of ownership in movables Proprietary security rights in movable assets Trusts 15 C. VON BAR and E. CLIVE, eds., Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of Reference (DCFR). Full Edition, 6 vols., Munich B. FAUVARQUE COSSON and D. MAZEAUD, eds., Projet de cadre commune de référence. Principes contractuels communs, Paris 2008; B. FAUVARQUE COSSON and D. MAZEAUD, eds., Projet de cadre commune de référence. Terminologie contractuelle commune, Paris 2008; B. FAUVARQUE COSSON and D. MAZEAUD, eds., European Contract Law. Materials for a Common Frame of Reference. Terminology, Guiding Principles, Model Rules, Munich 2008; see also B. FAUVARQUE COSSON, Les travaux du groupe Association H. Capitant des Amis de la Culture Juridique Française/Société de législation comparée: terminologie, principes directeurs et révision de Principes du droit européen du contrat, Era Forum, vol. 9 Supplement , 51 64, D. MAZEAUD, La terminologie commune et les principes directeurs du droit des contrats, Era Forum, vol. 9 Supplement ,
5 Comparative Private Law Autumn of 14 7 Character of the DCFR 17 Purposes: Possible model for a political CFR; legal science, research and education; possible source of inspiration (legislators, courts, parties) Underlying principles: freedom, security, justice and efficiency Overriding principles: protection of human rights; promotion of solidarity and social responsibility; preservation of cultural and linguistic diversity; protection and promotion of welfare; promotion of the internal market (and again freedom, security, justice and efficiency) Definitions (suggestions for the development of a uniform European legal terminology) Model rules (not necessarily common core or restatement ), a toolbox 8 The Expert Group s feasibility study overview The text has a much narrower scope than the DCFR: Part I Part II Part III Introductory provisions Making a binding contract Assessing what is in the contract Part IV Obligations and remedies of the parties to a sales contract 18 Part V Part VI Part VII Part VIII Obligations and remedies of the parties to a related services contract Damages, stipulated payments for non-performance and interest Restitution Prescription 9 The proposal for a Directive on consumer rights In 2008 the Commission presented a proposal for a Consumer Rights Directive, merging four existing directives. 19 The proposal met severe criticism and a revised proposal is limited to 17 BAR and CLIVE, eds., DCFR Full Edition, 1 23 (Introduction); C. V. BAR, The Launch of the Draft Common Frame of Reference, Juridica International, vol. XIV 2008, 4 9;H. BEALE, The Nature and Puposes of the Common Frame of Reference, Juridica International, vol. XIV 2008, 10 17; E. CLIVE, An Introduction to the Academic Draft Common Frame of Reference, Era Forum, vol. 9 Supplement , The Commission s July version adds or a contract for the supply of digital content. 19 COM(2008) 614 final (link). For discussions, see e.g. G. G. HOWELLS and R. SCHULZE, eds., Modernising and harmonising consumer contract law, Munich 2009 and several articles in European Review of Contract Law, 2010 Issue 1.
6 Comparative Private Law Autumn of 14 distance contracts and off-premises contracts. 20 The agreement between the Parliament and the Council seems to widen the scope again Existing EC contract law Most of the existing EC contract law regulation is consumer contract law (some exceptions, e.g. Late Payment Directive 2011/7) Important directives: Doorstep Selling (85/577), Package Travel (90/314), Unfair Contract Terms (93/13), Distance Selling (97/7), Sale of Consumer Goods (99/44), Distance Selling of Financial Services (2002/65), Life Assurance (2002/83), Unfair Commercial Practices (2005/29), Consumer Credit (2008/48), Timeshare (2008/112). Some of the directives are vertical (applying only to one type of contract), while others are horizontal (covering certain issues common to all consumer contracts or a larger group of contracts) Most of the directives imply minimum harmonisation (states are allowed to keep or introduce rules that are more favourable to consumers than the directives do), but the directives on Unfair Commercial Practices and on Consumer Credit are maximum harmonisation directives (neither more favourable nor less favourable rules are allowed concern issues covered by the directives) 11 Debate concerning the DCFR and a possible optional instrument 11.1 Legitimacy Is harmonisation of private law within the competence of the EU? Is there a need for model rules on European contract law? Does business ask for this instrument? 23 Will national law have to provide for background rules anyway? See press release 21 For latest development in the Parliament, see CDT95928&body=IMCO. 22 S. WEATHERILL, Constitutional Issues How Much is Best Left Unsaid? in The Harmonisation of European Contract Law, (ed. S. Vogenauer and S. Weatherill), Oxford and Portland, Oregon 2006, ; G. C. JÜRGEN BASEDOW, WALTER DORALT, MATTEO FORNASIER, MARTIN ILLMER, JENS KLEINSCHMIDT, SEBASTIAN A.E. MARTENS, HANNES RÖSLER, JAN PETER SCHMIDT, REINHARD ZIMMERMANN, Policy Options for Progress Towards a European Contract Law. Comments on the issues raised in the Green Paper from the Commission of 1 July 2010, COM(2010) 348 final, Max Planck Private Law Research Paper (2011), K. GUTMAN, The Commission's 2010 Green Paper on European Contract Law: Reflections on Union Competence in Light of the Proposed Options, European Review of Contract Law, vol. 7, no S. VOGENAUER and S. WEATHERILL, The European Community's competence for a comprehensive harmonisation of contract law an empirical contribution to the debate, in The Harmonisation of European Contract Law, (ed. S. Vogenauer and S. Weatherill), Oxford 2006, (yes); J. MANCE, Is Europe
7 Comparative Private Law Autumn of Is harmonisation possible? Is it possible to combine common law and civil law? Is harmonisation a threat to cultural (and legal) pluralism? 26 Law as a part of culture. 27 The question of language English as a common language? The DCFR and social justice Market liberalism v. social justice? An optional instrument? Rules that may be chosen by the parties (today only as a supplement to national law). The blue button approach ( click here if you choose the DCFR to apply to our contract ). 30 A 28 th regime or a 22 nd regime of each member state? Aiming to Civilise the Common Law, European Business Law Review 2007, (no); G. CORDERO MOSS, International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith, Global Jurist 7, no. 1 (2007), (sceptical); cf. G. CORDERO MOSS, Contracts between Consumer Protection and Trade Usages: Some Observations on the Importance of State Contract Law, in Common Frame of Reference and Existing EC Contract Law, (ed. R. Schulze), München 2008, See also overview of arguments in E. MCKENDRICK, Harmonisation of European Contract Law: The State We Are In, in The Harmonisation of European Contract Law, (ed. S. Vogenauer and S. Weatherill), Oxford and Portland, Oregon 2006, G. CORDERO MOSS, Contracts between Consumer Protection and Trade Usages: Some Observations on the Importance of State Contract Law, in Common Frame of Reference and Existing EC Contract Law, (ed. R. Schulze), München 2008, O. LANDO, Culture and Contract Laws, European Review of Contract Law, vol. 3, no , 1 21 (yes); P. LEGRAND, Antivonbar, The Journal of Comparative Law, vol. 1, no , (no). 26 R. SEFTON-GREEN, Choice, Certainty and Diversity: Why More is Less, European Review of Contract Law, vol. 7, no H. COLLINS, The European civil code: the way forward, Cambridge R. SEFTON-GREEN, Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality, European Review of Contract Law, vol. 4, no , G. BRÜGGEMEIER et al., Social Justice in European Contract Law: a Manifesto, European Law Journal, vol. 10, no , ; U. MATTEI and F. G. NICOLA, A 'Social Dimension' in European Private Law? The Call for Setting a Progressive Agenda, Global Jurist 7, no. 1 (2007), O. LANDO, The Structure and the Legal Values of the Common Frame of Reference (CFR), European Review of Contract Law, vol. 3, no , ; M. HESSELINK, Common Frame of Reference & Social Justice, European Review of Contract Law, vol. 4, no , See also R. SCHULZE and T. WILHELMSSON, From the Draft Common Frame of Reference towards European Contract Law Rules, European Review of Contract Law, vol. 4, no , , G. ALPA, Party Autonomy and Freedom of Contract Today, European Business Law Review, vol. 21, no , and (on the discussion in Italy in particular) B. PASA, The DCFR, the ACQP and the Reactions of Italian Legal Scholars, European Review of Private Law, vol. 18, no , ; C. MAK, Fundamental Rights in the DCFR, (2009), H. G. EIDENMÜLLER et al., Towards a revision of the consumer aquis, Common Market Law Review, vol , H. SCHULTE-NÖLKE, EC Law on the Formation of Contract from the Common Frame of Reference to the 'Blue Button', European Review of Contract Law, vol. 3, no ,
8 Comparative Private Law Autumn of Is the DCFR a modern contract law instrument? Is the DCFR too abstract, too German? 31 Does it reflect modern contract law problems? 32 Is it too much based on the approach of national law? 33 Does it sufficiently reflect multi-level governance? 34 PRESENTATION OF SELECTED RULES IN THE DRAFT COMMON FRAME OF REFERENCE (12 22) 12 Unfair terms Background: Unfair Contract Terms Directive (93/13); national legislation; proposal for Consumer Rights Directive (see 9 above) The Directive are limited to non-negotiated terms; DCFR II. 9:403 has a possible expansion of scope to negotiated terms in business to consumer contracts. See also differences between the Expert Group s feasibility study and the Commission s July text. The Directive and the DCFR have a grey list of terms that are presumed to be unfair in business to consumer contracts; the feasibility study has in addition a black list of terms which are in all circumstances considered unfair (art. 83) Duty of transparency (DCFR II. 9:402); plain, intelligible language (fesibility study art. 80) Definition of not individually negotiated (DCFR II. 1:110) Meaning of unfair business to consumer contracts (DCFR II. 9:403; feasibility study art. 81) contracts between non-business parties (DCFR II. 9:404) contracts between businesses (DCFR II. 9:405; feasibility study art. 85) 31 Critical remarks in LANDO, The Structure and the Legal Values of the Common Frame of Reference (CFR) ; SCHULZE and WILHELMSSON, From the Draft Common Frame of Reference towards European Contract Law Rules ; FAUVARQUE COSSON, Les travaux du groupe Association H. Capitant des Amis de la Culture Juridique Française/Société de législation comparée: terminologie, principes directeurs et révision de Principes du droit européen du contrat ; H. COLLINS, Christian von Bar, Eric Clive, Hans Schulte-Nölke (eds), Principles, Defnitions and Model Rules of European Private Law, The Modern Law Review, vol. 71, no , Reply to critics, M. STORME, Une question de principe(s)? Era Forum, vol. 9 Supplement , 65 77; CLIVE, An Introduction to the Academic Draft Common Frame of Reference. 32 S. GRUNDMANN, The Structure of the DCFR Which Approach for Today's Contract Law? European Review of Contract Law, vol. 4, no , ; M. MAUGERI, Is the DCFR ready to be adopted as an Optional Instrument?, European Review of Contract Law, vol. 7, no J. M. SMITS, The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward, European Review of Contract Law, vol. 4, no , H. MICKLITZ and N. REICH, Unfair Terms in the Draft Common Frame of Reference, Juridica International, vol. XIV 2008, 58 68; H.-W. MICKLITZ, Failure or ideological preconceptions thoughts on two grand projects: the European Constitution and the European Civil Code, in EUI Working Papers (Florence: European Law Institute, 2010).
9 Comparative Private Law Autumn of 14 Exclusions for rules based on legislation etc.; main subject matter and price (DCFR II. 9:406; feasibility study art. 78(3)) Factors to be taken into account (DCFR II. 9:407; feasibility study art. 82) Effects on unfair terms (DCFR II. 9:408; feasibility study art. 77); not binding on the party who did not supply it Exercise 1: Group discussion and presentation in class Lisa bought an apartment in a house with eight apartments in total. The house was not constructed yet at the time when the contract was concluded, but the contract included a description of the apartment together with dimensioned drawings. When the apartment was finished six months later and Lisa was going to move in, it turned out that the ceiling had been lowered with thirty centimetres in part of the living-room because of a ventilation duct. Lisa found this ugly and considered it to be a lack of conformity. The seller referred to a clause in the contract allowing him to make small alterations of the planned apartments if necessary due to technical reasons. The ventilation system was not planned in detail at the time when the contracts were concluded, he explained. The seller asserted that there was no lack of conformity. In Lisa s opinion, this contract term was unfair. She had not noticed the term in the twelve-page contract document which was presented only at the meeting where she signed the document. Should the term be considered unfair under the DCFR? 13 Overview of DCFR Book III Law of obligations : general rules on obligations (contractual and non-contractual); performance; remedies for non-performance; plurality of debtors and creditors; transfer of rights and obligations; set-off and merger; prescription (limitation) We will concentrate on remedies for non-performance 14 Obligations and performance Definitions in DCFR III. 1:101 of obligation, performance, non-performance, reciprocal obligation (the correlative of obligation is right to performance ) Terminology: the difference between duty and obligation Good faith and fair dealing (DCFR III. 1:103; feasibility study art. 2(10)); duty to act in accordance with good faith and fair dealing; effects of breach of such duty; good faith and fair dealing as objective standard of conduct (distinguished from good faith referring to knowledge) Obligation to co-operate (DCFR III. 1:104; feasibility study art. 89) Detailed rules in Book III Chapter 2 on place of performance, time of performance etc.
10 Comparative Private Law Autumn of Non-performance, excuse, remedies Remedies for non-performance are regulated in DCFR Book III Chapter 3. The rules in the feasibility study deal only with sales and related services Enforcing specific performance and damages are not available if non-performance is excused due to an impediment (DCFR III. 3:101(3)); compare contract terms giving a party right to additional time or additional payment; if the impediment is permanent the obligation (and any reciprocal obligation) is extinguished (DCFR III. 3:104(4)). See also feasibility study art. 91 Compare rules on mistake (impediment existing at the time when the contract was concluded) Compare rules on changed circumstances (DCFR III. 1:110; feasibility study art. 92); an obligation may be varied or terminated by the court ( hardship ) Compare the distinction between obligation to achieve a specific result and obligation to make reasonable efforts; not regulated in the DCFR; compare UNIDROIT Principles (see also feasibility study art. 152 on services) 16 Excuse due to an impediment (DCFR III. 3:104; feasibility study art. 91) Functions: Prerequisites a permanent excusing impediment leads to extinguishment of the obligation and any reciprocal obligation; restitutionary effects are regulated in Book III, Chapter 3, Section 5, Subsection 4 (DCFR III. 3:104(4)) a temporary excusing impediment bars claims for enforcement of specific performance and claims for damages, but not other remedies for non-performance (DCFR III. 3:104(3), 3:101(2)) impediment Compare CISG art. 79 beyond the debtor s control debtor could not reasonably be expected to have taken the impediment into account debtor could not reasonably be expected to have avoided or overcome the impediment or its consequences 17 Other prerequisites for remedies The creditor must not have caused the debtor s non-performance (DCFR III. 3:101(3)); obligation to co-operate (DCFR III. 1:104, feasibility study art. 108(6)) Possible exclusion or restriction of remedies (DCFR III. 3:105); restriction concerning personal injury; good faith and fair dealing
11 Comparative Private Law Autumn of 14 Notification within reasonable time (DCFR III. 3:107) Possible cure by debtor (DCFR Book III, Chapter 3, Section 2); the debtor as a rule has a chance to cure a lack of conformity (DCFR III. 3:202); limitations in DCFR III. 3:203. Feasibility study art Right to enforce performance Non-monetary obligations (DCFR III. 3:302; feasibility study art. 111); the creditor may as a rule enforce specific performance, including remedying of a lack of conformity; limitations (performance is unlawful or impossible, unreasonably burdensome, of a personal character); substitute transaction and damages Compare English law: the main rule is that specific performance cannot be enforced Monetary obligations (DCFR III. 3:301; feasibility study art. 134); the creditor is entitled to recover money; limitations are mainly a question of cancellation (damages instead of enforcement of agreed payment may be more favourable to the debtor) Exercise 2: Group discussion and presentation in class Mr. Wilson, a farmer, ordered from Machine Industry Ltd. a machine for automatic packaging of the cheese he produced at his farm. The machine was to be produced according to Mr. Wilson s specifications. Some days after the contract was concluded, Mr. Wilson was contacted by another factory that offered to produce a similar machine for just half the price. Mr. Wilson immediately informed Machine Industry Ltd. that he was not willing to receive the machine which he had just ordered. Machine Industry Ltd. protested and wished to produce the machine and recover the payment for it. The machine was still not put into production at the time of this correspondence. Discuss this case according to the DCFR and then according to your national law. 19 Withholding performance Right to withhold performance of reciprocal obligation (DCFR III. 3:401; feasibility study arts. 114 and 135); creditor is to perform at the same time or after; creditor is to perform first (cases of anticipated non-performance) Whole or reasonable part of the performance may be withheld 20 Termination for fundamental non-performance Main rule: the creditor may terminate if the debtor s non-performance is fundamental (DCFR III. 3:502; feasibility study arts. 115 and 136) Definition of fundamental non-performance (DCFR III. 3:502(2); feasibility study art. 90); substantially deprives the creditor of what the creditor was entitled to expect (and foreseeability on debtor s side); intentional or reckless non-performance (and aspects for future performance)
12 Comparative Private Law Autumn of 14 Termination after notice fixing additional time for performance (DCFR III. 3:503; feasibility study arts. 116 and 137); reasonable period Termination for anticipated non-performance (DCFR III. 3:504 and 505; feasibility study arts. 117 and 138) Termination of divisible obligations (DCFR III. 3:506(2); feasibility study art. 119) Exercise of right to terminate (DCFR III. 3:507; feasibility study arts. 120 and 141); notice to the debtor (court decision is not necessary) Right to terminate must be exercised within a reasonable time (DCFR III. 3:508); note the automatic termination in case of permanent excusable impediment (DCFR III. 3:104(4)) Effects of termination Exercise 3: outstanding obligations under the contract come to end (DCFR III. 3:509(1); feasibility study art. 6) return of benefits received (or value), DCFR III. 3:510; but not as far as conforming performance has been met with conforming performance (DCFR III. 3:511) payment of value of benefits for what is not returned (DCFR III. 3:512) and for use or improvements (DCFR III. 3:513) creditor retains right to damages (DCFR III. 3:509(3)) see also feasibility study arts Group discussion and presentation in class Summum Ius, a law firm, planned to invite the entire town for the celebration of the firm s five-year anniversary and ordered food for 500 persons from a catering business to be delivered at fixed date (a Saturday). The event was properly announced in the local media. In the morning of the agreed day, Summum Ius received a phone call from the catering business: there was a serious problem with the internal electricity supply, and it was not possible to provide the food before Saturday afternoon. The representative of Summum Ius explained that the event would take place at noon, and she terminated the contract with immediate effect. All the disposable plates, cutlery etc. which the catering business had delivered on Friday would be returned and not paid for, she said. The catering business did not agree with her on any of these points. Discuss this case according to the DCFR and then according to your national law. 21 Price reduction Right to reduce price (DCFR III. 3:601; feasibility study art. 122) Proportionate reduction of price, typically for lack of conformity
13 Comparative Private Law Autumn of 14 Combination with damages Exercise 4: Group discussion and presentation in class Bénédicte was looking for a small boat for leisure purposes and went to J. Flint, a dealer of new and second-hand boats. Bénédicte found a six-year old boat that she liked. The boat had a sign with euro on it, but she managed to beat the price down to 8000 euro. It turned out that the boat had a leakage, the repair of which cost 1000 euro. Bénédicte claimed that the price of the boat must be reduced with 1000 euro. Flint admitted that the leakage was a lack of conformity, but asserted that the correct price reduction in a case like this was 800 euro. Bénédicte did not agree. Discuss this case according to the DCFR and then according to your national law. 22 Damages and interest Structure right to damages (non-performance which is not excused) loss (economic and non-economic) measure of damages creditor s contribution to the loss; duty to reduce the loss Right to damages (DCFR III. 3:701(1); feasibility study art. 163); non-performance which is not excused; no fault requirement; compare CISG; compare national systems Loss (DCFR III. 3:701(2) and (3); feasibility study art. 163(2)); actual and future loss; including loss of income or profit; economic and non-economic loss Measure of damages general measure of damages (DCFR III. 3:702; feasibility study art. 164); comparison with due performance foreseeability (DCFR III. 3:703; feasibility study art. 165); extended if nonperformance is intentional, reckless, or grossly negligent creditor s contribution to the loss (DCFR III. 3:704; feasibility study art. 166); duty to reduce loss (DCFR III. 3:705); damages may be reduced; expenses incurred in attempting to reduce loss substitute transaction (DCFR III. 3:706; feasibility study art. 168); measure of damages based on current price DCFR III. 3:707; feasibility study art. 169) Interest; delay in payment of money (DCFR III. 3:708; feasibility study art. 171); the average commercial bank short term lending rate to prime borrowers
14 Comparative Private Law Autumn of 14 Stipulated payment for non performance (DCFR III. 3:710;feasibility study art. 170); stipulation in contract is valid; reduction if grossly excessive; compare in particular English law on liquidated damages and penalty clauses Exercise 5: Group discussion and presentation in class The facts are the same as in exercise 10. Summum Ius as a plan B, in a hurry bought a lot of fruit, cakes and sweets in order to be able to serve the guests at least something. They had to pay twice as much for this as the price that was agreed for the food. Summum Ius now claimed damages for loss amounting to the difference between these prices. In addition they claimed damages for loss of reputation. The catering firm did not accept any liability. Discuss this case according to the DCFR and then according to your national law.
An Optional Instrument for Insurance Contract Law: the point of view of Legal Practice
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AFFAIRS An Optional Instrument for Insurance Contract Law: the point of view of Legal Practice
More informationSome remarks on the material scope of an optional instrument for contract law 1
Matthias E. Storme Some remarks on the material scope of an optional instrument for contract law 1 My contribution is limited to questions concerning the objective or material scope of an optional instrument.
More informationCCBE POSITION ON THE PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL
CCBE POSITION ON THE PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON CONSUMER RIGHTS DIRECTIVE COM(2008) 614/3 CCBE position on The Proposal for a Directive of the European Parliament
More informationThe Development of European Private Law and the European Commission s Action Plan on Contract Law*2
*1 Professor, University of Warwick, Member of the Study Group on a European Civil Code The Development of European Private Law and the European Commission s Action Plan on Contract Law*2 1. Introduction
More informationHOW WOULD AN OPTIONAL INSTRUMENT FOR SERVICE CONTRACTS LOOK LIKE IF BASED ON THE DCFR? Matthias E. Storme *
HOW WOULD AN OPTIONAL INSTRUMENT FOR SERVICE CONTRACTS LOOK LIKE IF BASED ON THE DCFR? Matthias E. Storme * INTRODUCTION 1. Background and purpose In its Action plan "A more coherent european contract
More informationMODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS
MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS International Trade Centre, August 2010 Model Contracts for Small Firms: International Commercial Sale of Goods Contents
More informationAn Optional Common European Sales Law: Advantages and Problems Advice to the UK Government
An Optional Common European Sales Law: Advantages and Problems Advice to the UK Government November 2011 AN OPTIONAL COMMON EUROPEAN SALES LAW: ADVANTAGES AND PROBLEMS Advice to the UK Government from
More informationIn order for a contract to be valid, certain elements must exist:
Unit 6 Contracts I. Definition A contract is a voluntary agreement between two or more parties that a court will enforce. The rights and obligations created by a contract apply only to the parties to the
More informationIdentifying Legal Costs of the Operation of the Common European Sales Law: Legal Framework, Scope of the Uniform Law and National Judicial Evaluations
Identifying Legal Costs of the Operation of the Common European Sales Law: Legal Framework, Scope of the Uniform Law and National Judicial Evaluations DRAFT FOR DISCUSSION 1 Simon Whittaker, University
More informationLimitation and Exclusion of Liability in CISG Contracts: validity issues. Prof. Lauro Gama Jr. Pontifical Catholic University Rio de Janeiro, Brazil
Limitation and Exclusion of Liability in CISG Contracts: validity issues Prof. Lauro Gama Jr. Pontifical Catholic University Rio de Janeiro, Brazil Why do parties agree to exempt or limit their own liability
More informationThe Structure of the Law on Multiparty Situations in the Draft Common Frame of Reference
*1 Professor, Katholieke Universiteit Leuven The Structure of the Law on Multiparty Situations in the Draft Common Frame of Reference The purpose of this contribution is to provide a comparative analysis
More informationEuropean Law Institute: A Possible Road Map
European Law Institute: A Possible Road Map Over the last couple of years a number of authors have suggested the creation of a European Law Institute. This suggestion, at first, fell on deaf ears. Now
More informationUNIDROIT CONVENTION ON INTERNATIONAL FACTORING (Ottawa, 1988) Explanatory Note by the UNIDROIT Secretariat
1 UNIDROIT CONVENTION ON INTERNATIONAL FACTORING (Ottawa, 1988) Explanatory Note by the UNIDROIT Secretariat I. BACKGROUND 1. Although the origins of factoring date back to antiquity, and the institution
More informationTrelleborg Sealing Solutions Germany GmbH Handwerkstr. 5-7, 70565 Stuttgart. General Conditions of Purchase for Components
Trelleborg Sealing Solutions Germany GmbH Handwerkstr. 5-7, 70565 Stuttgart General Conditions of Purchase for Components 1. Basic Provisions 1.1 The General Conditions of Purchase of Trelleborg Sealing
More information1. Introduction and general comments
194 RECENSION The Commission on European Contract Law, Ole Lando and Hugh Beale (ed.), Principles of European Contract Law, Parts I and II. Kluwer Law International. 2000. ISBN 90-411-1305-3. 561 p. 1.
More informationUNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2010 (*)
UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2010 (*) PREAMBLE (Purpose of the Principles) These Principles set forth general rules for international commercial contracts. They shall be applied
More informationUnited Nations Convention on the Assignment of Receivables in International Trade
United Nations Convention on the Assignment of Receivables in International Trade UNITED NATIONS UNITED NATIONS CONVENTION ON THE ASSIGNMENT OF RECEIVABLES IN INTERNATIONAL TRADE UNITED NATIONS New York,
More informationPUBLIC CONSULTATION 1. INTRODUCTION
PUBLIC CONSULTATION ON LIMITATION PERIODS FOR COMPENSATION CLAIMS OF VICTIMS OF CROSS-BORDER ROAD TRAFFIC ACCIDENTS IN THE EUROPEAN UNION 1. INTRODUCTION For more than 10 years the European Union has developed
More informationHungarian comments on the Green Paper on Mortgage Credit in the EU, COM(2005) 327 final
Hungarian comments on the Green Paper on Mortgage Credit in the EU, COM(2005) 327 final The Hungarian Ministry of Finance and the Hungarian Ministry of Justice are convinced that the mortgage credit market
More informationCONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR
CONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR CIC/AppInsp The Construction Industry Council - Association of Consultant Approved Inspectors contract for the appointment of an approved inspector
More informationUNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG]
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] For U.S. citation purposes, the UN certified English text is published in 52 Federal Register 6262, 6264 6280 (March
More informationPUBLIC CONSULTATION 1. INTRODUCTION
PUBLIC CONSULTATION ON LIMITATION PERIODS FOR COMPENSATION CLAIMS OF VICTIMS OF CROSS-BORDER ROAD TRAFFIC ACCIDENTS IN THE EUROPEAN UNION 1. INTRODUCTION For more than 10 years the European Union has developed
More informationA Law for Big Business and Competent Consumers?
ERA Forum (2008) 9:S79 S86 DOI 10.1007/s12027-008-0067-2 Article A Law for Big Business and Competent Consumers? Published online: 14 August 2008 ERA 2008 1. Introduction Professor Thomas Wilhelmsson has
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationDistance selling: sale of consumer goods over the internet or telephone etc
Distance selling: sale of consumer goods over the internet or telephone etc Standard Note: SN/HA/5761 Last updated: 23 February 2012 Author: Section Lorraine Conway Home Affairs Section Many people shop
More informationMODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS
MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS International Trade Centre, August 2010 Contents Foreword Acknowledgements Introduction Chapter 1 International Contractual
More informationEstonian Health Insurance Fund Act
Issuer: Riigikogu Type: act In force from: 23.03.2014 In force until: 31.12.2016 Translation published: 02.04.2014 Amended by the following acts Passed 14.06.2000 RT I 2000, 57, 374 Entry into force 01.01.2001,
More informationAbout the Institute and Faculty of Actuaries eshop
About the Institute and Faculty of Actuaries eshop We sell publications issued by the Institute and Faculty of Actuaries and titles by external publishers. A small selection of other items such as ties
More informationGeneral Conditions for Loans reference No.: General Terms and Conditions for Loans dated 1 March 2016
General Conditions for Loans reference No.: General Terms and Conditions for Loans dated 1 March 2016 These General Conditions for Loans is made between ( Lender )and the Entity who signs the Schedule
More informationDraft Chapter on Unwinding of Failed Contracts
Working Group for the preparation of Principles of International Commercial Contracts (3rd) Fourth session Rome, 25 29 May 2009 UNIDROIT 2009 Study L Doc. 110 English only March 2009 Draft Chapter on Unwinding
More informationValidity of Warranty Clauses Limiting Damages in Michigan. Questions Presented
23400 Michigan Avenue, Suite 101 Dearborn, MI 48124 Tel: 1-(866) 534-6177 (toll-free) Fax: 1-(734) 943-6051 Email: contact@legaleasesolutions.com www.legaleasesolutions.com Validity of Warranty Clauses
More information1999 No. 2083 CONSUMER PROTECTION. The Unfair Terms in Consumer Contracts Regulations 1999
STATUTORY INSTRUMENTS 1999 No. 2083 CONSUMER PROTECTION The Unfair Terms in Consumer Contracts Regulations 1999 Made - - - - 22nd July 1999 Laid before Parliament 22nd July 1999 Coming into force 1st October
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER. on applicable law and jurisdiction in divorce matters. (presented by the Commission)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14.3.2005 COM(2005) 82 final GREEN PAPER on applicable law and jurisdiction in divorce matters (presented by the Commission) {SEC(2005) 331} EN EN GREEN
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF ON THE PROMOTION AND PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF ON THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Italian Republic and the Government of the..., hereafter
More informationTHE APPLICATION IN THE CONTRACTING STATES OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG)
THE APPLICATION IN THE CONTRACTING STATES OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) By Peter Henseler of Henseler & Partners Duesseldorf/Germany, www.hplegal.com
More informationConsumer Rights Act 2015
Consumer Rights Act 2015 CONSUMER RIGHTS ACT 2015 CHAPTER 15 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately Published by TSO (The Stationery
More informationTerms & Conditions of HYPE Softwaretechnik GmbH ( HYPE ) for HYPE Enterprise Express (Version October 2015) 1 Scope
1 Scope 1 (1) These terms and conditions (the T&C HYPE Enterprise Express ) together with the description of the Software Services provided by HYPE accepted by Customer by completing the HYPE Enterprise
More informationMODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS
MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS International Trade Centre, August 2010 Contents Foreword Acknowledgements Chapter 1 International Contractual Alliance ITC
More informationOnly undisputed or non-appealable claims entitle the purchaser to set-off payments.
Sales and delivery conditions I. Validity / General Our sales and delivery conditions apply to all - including future - contracts with companies, legal persons under public law and separate estates under
More informationAGBs Deutschland V26 07 2011_ENG (2)
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION AND HOLDING EVENTS I. Area of applicability 1. These general terms and conditions apply for all services and deliveries by the hotel. 2. Should the
More informationMUSIC RESOURCES TERMS AND CONDITIONS FOR SCHOOLS ( Conditions )
MUSIC RESOURCES TERMS AND CONDITIONS FOR SCHOOLS ( Conditions ) Please ensure all relevant staff have read and understood these Conditions before signing. Please complete, sign and return the Music Resources
More informationEASY LED Oy General Terms of Sale
EASY LED Oy General Terms of Sale 1. Scope of application These General Terms of Sale (hereinafter referred to as the Terms ) shall be applied to the sale and supply of lighting products manufactured by
More informationPEOPIL The Pan-European Organisation of Personal Injury Lawyers
PEOPIL The Pan-European Organisation of Personal Injury Lawyers www.peopil.com PEOPIL S RESPONSE TO THE RECOMMENDATIONS TO THE COMMISSION ON A EUROPEAN DISABILITY SCALE - 2003/2130 (INI)? January 2004?
More informationThe concept of securitisation is not expressly defined under Ukrainian
44 Securitisation in Ukraine Serhiy Chorny, Glib Bondar and Anna Makedonska The concept of securitisation is not expressly defined under Ukrainian legislation and has yet to be tested in the Ukrainian
More informationCOMMISSION RECOMMENDATION. of 12.3.2014. on a new approach to business failure and insolvency. (Text with EEA relevance) {SWD(2014) 61} {SWD(2014) 62}
EUROPEAN COMMISSION Brussels, 12.3.2014 C(2014) 1500 final COMMISSION RECOMMENDATION of 12.3.2014 on a new approach to business failure and insolvency (Text with EEA relevance) {SWD(2014) 61} {SWD(2014)
More informationII. Contract conclusion, contracting parties, limitation of contractual liability and limitation period
General Terms and conditions I. Scope of application 1. These terms and conditions shall apply to any rental provision of hotel rooms for accommodation purposes and to any further services provided by
More informationSummary of facts on the legal guaranty of conformity and commercial warranties
Summary of facts on the legal guaranty of conformity and commercial warranties Main legal sources: Directive 1999/44/EC on sale of consumer goods and associated guarantees and Directive 2011/83/EU on consumer
More informationThe Seller s Liability in the Event of Lack of Conformity of Goods
Age Värv LL.M., Assistant of Civil Law, University of Tartu Piia Karu Magister artium, Assistant of Civil Law, University of Tartu The Seller s Liability in the Event of Lack of Conformity of Goods 1.
More informationSummary of Advisory Report: Consumer rights in the internal market
Summary of Advisory Report: Consumer rights in the internal market Foreword In June 2009, the Committee for Consumer Affairs (CCA) of the Social and Economic Council of the Netherlands presented an advisory
More informationQUESTIONNAIRE ON CONTRACT RULES FOR ONLINE PURCHASES OF DIGITAL CONTENT AND TANGIBLE GOODS
QUESTIONNAIRE ON CONTRACT RULES FOR ONLINE PURCHASES OF DIGITAL CONTENT AND TANGIBLE GOODS Information about the respondent 1. Please enter your full name OR the name of the organisation / company / institution
More informationCONSULTATION ON A POSSIBLE STATUTE FOR A EUROPEAN PRIVATE COMPANY (EPC)
EUROPEAN COMMISSION Internal Market and Services DG MARKT/ 19.07.2007 CONSULTATION ON A POSSIBLE STATUTE FOR A EUROPEAN PRIVATE COMPANY (EPC) Consultation by the Services of the Internal Market Directorate
More informationTABLE OF CONTENTS. Foreword The Unidroit Governing Council Members of the Study Goup Executive Summary
TABLE OF CONTENTS Foreword The Unidroit Governing Council Members of the Study Goup Executive Summary INTRODUCTION v xix xxi xxiii xxix CHAPTER 1 FUNDAMENTAL CONCEPTS AND ELEMENTS 1 A. Master Franchise
More informationConsumer rights to return faulty goods
Consumer rights to return faulty goods Standard Note: SN/HA/2239 Last updated: 2 April 2012 Author: Lorraine Conway Section Home Affairs Section The Sale of Goods Act 1979, as amended by the Sale and Supply
More informationCOMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
EN EN EN EUROPEAN COMMISSION Brussels, COM(2010) COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Removing cross-border tax obstacles
More informationPERSONAL INJURIES AND DEATHS IN GREECE
PERSONAL INJURIES AND DEATHS IN GREECE This Guide explains national law when seafarers are injured or killed in a port in Greece or on a Greek flagged ship. This document is not intended to be legal advice,
More informationSCHEME OF CONSUMER RIGHTS BILL
SCHEME OF CONSUMER RIGHTS BILL MAY 2015 1 ARRANGEMENT OF HEADS PART 1 PRELIMINARY MATTERS 1. Short title and commencement. 2. Interpretation. 3. Application. 4. Regulations. 5. Repeals. 6. Amendments.
More informationGeneral Terms & Conditions
General Terms & Conditions 1. Scope 2. Contractual Partner 3. Offer & Contract Agreement 4. Cancellation Policy 5. Prices & Shipping Costs 6. Delivery 7. Payment 8. Credit Check 9. Reservation of Title
More informationAdvisory Guidelines of the Financial Supervision Authority
Advisory Guidelines of the Financial Supervision Authority General requirements to insurance contracts These Advisory Guidelines were established by Resolution No 89 of the Management Board of the Financial
More informationH.M. TREASURY HELP TO BUY: ISA SCHEME RULES
H.M. TREASURY HELP TO BUY: ISA SCHEME RULES 2 Contents PART I OVERVIEW OF THE HELP TO BUY: ISA SCHEME 4 PART II INTERPRETATION 5 1. Definitions and Interpretation 5 PART III ESTABLISHING THE HELP TO BUY:
More informationAMERICAN BAR ASSOCIATION. ADOPTED BY THE HOUSE OF DELEGATES February 4-5, 2002
AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES February 4-5, 2002 RESOLVED, that the American Bar Association recommends that the United States sign and ratify the United Nations Convention
More informationLAW OF DAMAGES AND REMEDIES. DIFC LAW No. 7 of 2005
------------------------------------------------------------------------------------------ LAW OF DAMAGES AND REMEDIES DIFC LAW No. 7 of 2005 ------------------------------------------------------------------------------------------
More informationwww.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide
More informationGeneral terms and conditions of the contract for accommodation in A&O Hostel Praha s.r.o. (Ltd), U Vystavyste 1/262 170 00 Prague 7.
Translation from the German language General terms and conditions of the contract for accommodation in A&O Hostel Praha s.r.o. (Ltd), U Vystavyste 1/262 170 00 Prague 7 1 Scope (1) These general terms
More informationMortgage LOAN TERMS.
Mortgage LOAN TERMS. 2011 These financial and other terms are part of the legal arrangements of your loan with the mortgage deed/standard security, your Offer and the Mortgage Conditions. Please note that
More information9. Unforeseen Delay 9.1 neither party shall be responsible for any losses resulting in the fulfilment of any of the terms of the
STANDARD TERMS AND CONDITIONS OF BUSINESS 1. Definitions 1.1 In the context of these standard terms and conditions of business:- 1.1.1 'the seller' means Entwistle and Joynt Limited of 62 Darlington Street
More informationUnited Nations Convention On The Limitation Period In The International Sale Of Goods (New York, 14 June 1974) United Nations (UN)
United Nations Convention On The Limitation Period In The International Sale Of Goods (New United Nations (UN) Copyright 1974 United Nations (UN) ii Contents Contents Preamble 1 PART I. Substantive Provisions
More informationAn Introduction to Swiss Employment Law
An Introduction to Swiss Employment Law Law Europe EEIG Swiss Code of Obligations (OR) Contract Law Employment Contract, Articles 319-362 RA Martin Amsler c/o Grendelmeier Jenny & Partner Zollikerstr.
More informationLAW OF MONGOLIA ON CONCESSIONS CHAPTER ONE. GENERAL PROVISIONS
LAW OF MONGOLIA 28 January 2010 State Palace, Ulaanbaatar city Article 1. Purpose of the law ON CONCESSIONS CHAPTER ONE. GENERAL PROVISIONS 1.1. The purpose of this law is to regulate matters related to
More informationUK Government call for views
DRAFT DIRECTIVES ON THE ONLINE SALE OF DIGITAL CONTENT AND TANGIBLE GOODS UK Government call for views JANUARY 2016 Contents Draft Directives on the online sale of digital content and tangible goods...
More informationEDITOR: DR. ULRICH BRINK, BETTE WESTENBERGER BRINK RECHTSANWÄLTE, MAINZ (GERMANY) EDITOR S NOTE
FACTORING MODEL LAW PREPARED BY THE LEGAL COMMITTEE OF INTERNATIONAL FACTORS GROUP CHAIRMAN: MR. CORNELIU ROBU (MS MICHÈLE CARDOENS - DR ULRICH BRINK - MR PETER KLAUS, MR DIETER HARDT - MR ERIK TIMMERMANS)
More informationCORPORATE INSOLVENCY & DEBT RESTRUCTURING
CORPORATE INSOLVENCY & DEBT RESTRUCTURING Examining the value of Voluntary Administration Introduction Voluntary administration provides a moratorium period during which the future of a company can be
More informationMODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS
MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS International Trade Centre, August 2010 Contents Foreword Acknowledgements Introduction Chapter 1 International Contractual
More informationConflicts of Interest MiFID and the General Law
slaughter and may Companies Briefing Paper Act 2006 September 2008 Conflicts of Interest MiFID and the General Law Much has been said and written in recent years about the conflicts of interest that can
More informationBUDGET HEADING 04.03.03.03 INFORMATION, CONSULTATION AND PARTICIPATION OF REPRESENTATIVES OF UNDERTAKINGS CALL FOR PROPOSALS
EUROPEAN COMMISSION Employment, Social Affairs and Inclusion DG Employment and Social Legislation, Social Dialogue Labour Law BUDGET HEADING 04.03.03.03 INFORMATION, CONSULTATION AND PARTICIPATION OF REPRESENTATIVES
More information(Legislative acts) REGULATIONS
24.3.2012 Official Journal of the European Union L 86/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 236/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 March 2012 on short selling and
More informationVarying a contract of employment
Varying a contract of employment Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up to date with
More informationUNCITRAL Legislative Guide on Secured Transactions
UNCITRAL UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW UNCITRAL Legislative Guide on Secured Transactions Terminology and recommendations UNITED NATIONS Further information may be obtained from:
More informationSolarEdge Technologies Ltd.
SolarEdge Technologies Ltd. GENERAL TERMS AND CONDITIONS 1. General. This document, entitled General Terms and Conditions (referred to herein as the Agreement ), forms an integral part of the quotation
More informationLiquidated damages or contractual penalty
Liquidated damages or contractual penalty Under Swiss law Swiss law plays an important role in international contracts in general and in contracts for construction projects in particular. Swiss law is
More informationConsultation on the future of European Insolvency Law
Consultation on the future of European Insolvency Law The Commission has put the revision of the Insolvency Regulation in its Work Programme for 2012. The revision is one of the measures in the field of
More informationContract Law Update Conference. 20 October 2014
Contract Law Update Conference 20 October 2014 20 October 2014 Central London Fees: 415 + VAT CLT Members/ 525 + VAT Non-Members Are you up-to-date with the latest changes in contract law? This highly
More informationData Protection Working Group. Final Report on the Draft Data Protection Bill
Data Protection Working Group Final Report on the Draft Data Protection Bill Background In August 2009, upon a request from the Hon. Attorney General, the Governor-in-Cabinet established a Data Protection
More informationPROMOTION AND PROTECTION OF INVESTMENT BILL
REPUBLIC OF SOUTH AFRICA PROMOTION AND PROTECTION OF INVESTMENT BILL (As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No. 39009
More informationEuropean Union Law and Online Gambling by Marcos Charif
With infringement proceedings, rulings by the European Court of Justice (ECJ) and the ongoing lack of online gambling regulation at EU level, it is important to understand the extent to which member states
More information3. FACT SHEET ON INCORPORATED SOCIETIES
DECEMBER 2005 FACT SHEET ON 3. FACT SHEET ON This fact sheet deals with incorporated societies. These are organisations that have at least 15 members and are registered under the Incorporated Societies
More informationInternational Purchasing Conditions for Suppliers not Resident in Germany
International Purchasing Conditions for Suppliers not Resident in Germany I. Application of the International Purchasing Conditions 1. These International Purchasing Conditions apply to all suppliers to
More informationIDENTIFICATION OF SUBJECTS OF CIVIL LIABILITY INSURANCE IN RESPECT OF THE MOTOR VEHICLE OWNERS UNDER UKRAINIAN LAW
UDC 347.764:368.2(477) Zubkova Lyubov Advanced student of the Department of Civil Law and Process National Academy of Internal Affairs IDENTIFICATION OF SUBJECTS OF CIVIL LIABILITY INSURANCE IN RESPECT
More informationGeneral Terms and Conditions of NEC Tokin Europe GmbH
General Terms and Conditions of NEC Tokin Europe GmbH 1 Scope 1.1 These terms and conditions shall apply exclusively to all deliveries, services and quotations from NEC Tokin Europe GmbH hereafter referred
More informationGeneral terms and conditions of business
General terms and conditions of business I. General information, offer and conclusion of contract 1. Consumers within the meaning of these general terms and conditions of business are natural persons with
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.11.2009 COM(2009) 624 final GREEN PAPER on obtaining evidence in criminal matters from one Member State to another and securing its admissibility
More informationGENERAL SOFTWARE LICENCE TERMS AND CONDITIONS of Fritz & Macziol GmbH Current as of March 2014
GENERAL SOFTWARE LICENCE TERMS AND CONDITIONS of Fritz & Macziol GmbH Current as of March 2014 Section 1 Preamble The following software licence terms and conditions stipulate the extent of the rights
More informationOVERVIEW OF CONVENTIONS AND OTHER INSTRUMENTS DRAWN UP UNDER THE AUSPICES OF UNCITRAL, UNIDROIT AND THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW
GENERAL AFFAIRS AND POLICY AFFAIRES GÉNÉRALES ET POLITIQUE Info. Doc. No 2 Doc. info. No 2 February / février 2016 (E) OVERVIEW OF CONVENTIONS AND OTHER INSTRUMENTS DRAWN UP UNDER THE AUSPICES OF UNCITRAL,
More informationCAYMAN ISLANDS. Supplement No. 1 published with Gazette No. 22 of 22nd October, 2012. MUTUAL FUNDS LAW (2012 REVISION)
CAYMAN ISLANDS Supplement No. 1 published with Gazette No. 22 of 22nd October, 2012. MUTUAL FUNDS LAW (2012 REVISION) Law 13 of 1993 consolidated with Laws 18 of 1993, 16 of 1996 (part), 9 of 1998, 4 of
More informationThe UNIDROIT/FAO/IFAD Legal Guide on Contract Farming
The UNIDROIT/FAO/IFAD Legal Guide on Contract Farming An Overview What is Contract Farming? The Importance of the Legal Framework The UNIDROIT/FAO/IFAD Legal Guide on Contract Farming Purpose of the Guide
More informationLECTURE NO.8 THE ROLE OF GUARANTEES AND BONDS IN INTERNATIONAL TRADE
LECTURE NO.8 THE ROLE OF GUARANTEES AND BONDS IN INTERNATIONAL TRADE A guarantor issues a guarantee or bond, usually a bank or an insurance company, on behalf of an exporter. It is a guarantee to the buyer
More informationMODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS
MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS International Trade Centre, August 2010 Contents Foreword Acknowledgements Introduction Chapter 1 International Contractual
More informationKingdom of the Netherlands
Kingdom of the Netherlands GENERAL GOVERNMENT PURCHASING CONDITIONS 2014 (ARIV 2014) Adopted by order of the Prime Minister, Minister of General Affairs, of 26 March 2014, no. 3132081 I General Article
More informationThe proposal for a Common European Sales Law: the way forward
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AFFAIRS The proposal for a Common European Sales Law: the way forward COMPILATION OF BRIEFING
More informationCONTRACTING HINTS AND TIPS
CONTRACTING HINTS AND TIPS Contents 1. Contract formation 2. Entire agreement clauses 3. Warranties and indemnities 4. Time of the essence 5. Contract variation 6. Exclusion and limitation clauses 7. Exercising
More informationBugaboo International BV Spare Parts Web Shop Online Terms and Conditions of Sale
Bugaboo International BV Spare Parts Web Shop Online Terms and Conditions of Sale This page (together with the documents referred to on it) outlines the terms and conditions on which we supply any of the
More information