1 / 7

PRINCIPLES OF LAW

PRINCIPLES OF LAW. Sovy Chhan Kuijer , Jean-Baptiste Bouckaert , Javier Aguirre Ortega . What are the conditions for a party to be released from his contractual obligations in case of supervening events?. The Netherlands.

bess
Télécharger la présentation

PRINCIPLES OF LAW

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PRINCIPLES OF LAW SovyChhanKuijer, Jean-Baptiste Bouckaert, Javier Aguirre Ortega

  2. What are the conditions for a party to be released from his contractual obligations in case of supervening events?

  3. The Netherlands Impossibility and Impracticability, when performance becomes impossible due to unforeseen events or circumstances. Frustration of Purpose Other party’s Non-Performance, non-performance of his contractual obligations. Express Condition Not Satisfied, condition one or both of their performances on an express condition.

  4. Original • Voidability contract • Void contract • Supervening • Terminationorrescission: The contract terminable, initially valid, contributes to an unjust result, wicked or contrary to law. • Resolution: Ineffectiveness of thecontractby the appearance of an event that ends the legal effects of that. • Revocation: cessation of the effects of the contract by a unilateral declaration of will of a party, under a power conferred by law. SpainOriginal orsupervening

  5. Law of 27/07/1961 Art 2: Shortcoming of the other party • Law of 19/12/2005 In general: When the precontractual information has been falsified Art 5: When the document lacks the necssary given • Law of 08/08/1997 Art 24 bis: In case of banktrupcy of one or both parties • Law of 13/04/1995 Art 17: When a due payment has not been received Belgium

  6. We can clearly see that, despite there being many cultural differences across Europe, there is a certain uniformity across European Roman law, and many things are the same. Of course, would England have been part of our system, this would have been slightly different, due to the common law system. There is no rule that can be qualified as being better than another in our opinion, for they are all much alike like stated before. Conclusion

  7. Thank you

More Related