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COMMUNICATION OF THE TERMINATION NOTICE AND CONNECTED ISSUES

This article discusses the important formalities and requirements for the communication of termination notices, with a focus on cross-border contracts. It also explores the applicable law, choice of law, and relevant conventions, especially the Rome Convention of 1980. Examples of statutory provisions for termination notices in various countries are provided, along with contractual requirements for proof of delivery. Overall, the article aims to provide guidance on effectively communicating termination notices.

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COMMUNICATION OF THE TERMINATION NOTICE AND CONNECTED ISSUES

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  1. COMMUNICATION OF THE TERMINATION NOTICE AND CONNECTED ISSUES Gustav Breiter IDI Conference Vienna 2007

  2. Communication of termination notice • Important formalities • Checked by Judges / lawyers • Preliminary question for the case

  3. Cross-border contracts • applicable law • Choice of law • “international mandatory” formalities • Conventions • Especially Rome Convention 1980: • Art 9: also applicable to unilateral declarations, law applying to contract or local law (sent communication)

  4. Requirements under the applicable law • Statutory provisions (agency/distribution/by analogy?) • Including rules on transmission? • Statutory provision for agency, for example, in Belgium, Czech Republic, France, Hungary, UK • For distribution, for example, in France or Turkey

  5. Requirements under the applicable law – some examples • Belgium: registered mail and specified termination notice period, presumption of delivery • Hungary: Art 16: “reasons so that the parties are able to expect indemnity” • Egypt: distribution: “in urgent cases” fax is sufficient • Spain: burofax: registered mail/confirmation of the content

  6. Contractual Requirements for the termination notice • Valid under the respective law? • Mutually changed in the past? • Purpose of the clause: proof of delivery, other means sufficient (for example Germany, Austria, not under Estonian law) • Sufficient proof of the written notice (incl. date of delivery): registered mail with return of receipt

  7. Thank you for your attention! Mödling Bahnhofsplatz 1/I/5 A-2340 mödling Tel +43 2236 22 050 Fax +43 2236 49 239 Wien Jasomirgottstrasse 6 A-1010 Wien Tel +43 1 535 24 53 Fax +43 1 535 28 10 www.viehboeck.at office@viehboeck.at

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