5 principles of law

Published by on November 13, 2020

To rest general principles solely on Article 19 TEU is to make the word ‘law’ therein bear a very heavy conceptual load, and ignores historical source material that locates such principles within the grounds of review in what is now Article 263 TFEU. And I had taught and written in legal history. (2) A contract need not be concluded or evidenced in writing nor is it subject to any other requirement as to form. (3) These Principles may be applied when the parties: have agreed that their contract is to be governed by "general principles of law", the "lex mercatoria" or the like; or. This document is included in TransLex by kind permission of Mr. Ole Lando. (2) The parties may not exclude or limit this duty. 46/2019, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. (4) These Principles may provide a solution to the issue raised where the system or rules of law applicable do not do so. (2) The aggrieved party may in addition recover damages for any further loss so far as these are recoverable under this Section. 3. (1) The aggrieved party is entitled to specific performance of an obligation other than one to pay money, including the remedying of a defective performance. (1) A party who is to perform simultaneously with or after the other party may withhold performance until the other has tendered performance or has performed. 0000007298 00000 n Further Information can be obtained at the, Article 1:101: Application of the Principles, Article 1:104: Application to Questions of Consent, Article 1:106: Interpretation and Supplementation, Article 1:107: Application of the Principles by Way of Analogy, Article 1:201: Good Faith and Fair Dealing, Section 3: Terminology and Other Provisions, Article 1:305: Imputed Knowledge and Intention, Article 2:101: Conditions for the Conclusion of a Contract, Article 2:104: Terms Not Individually Negotiated, Article 2:107: Promises Binding without Acceptance, Article 2:205: Time of Conclusion of the Contract, Article 2:209: Conflicting General Conditions, Article 2:210: Professional's Written Confirmation, Article 2:211: Contracts not Concluded through Offer and Acceptance, Article 2:301: Negotiations Contrary to Good Faith, Article 3:102: Categories of Representation, Article 3:201: Express, Implied and Apparent Authority, Article 3:202: Agent acting in Exercise of its Authority, Article 3:204: Agent acting without or outside its Authority, Article 3:208: Third Party's Right with Respect to Confirmation of Authority, Article 3.301: Intermediaries not acting in the name of a Principal, Article 3:302: Intermediary's Insolvency or Fundamental Non-performance to Principal, Article 3:303: Intermediary's Insolvency or Fundamental Non-performance to Third Party, Article 4:103: Fundamental Mistake as to Facts or Law, Article 4:104: Inaccuracy in Communication, Article 4:109: Excessive Benefit or Unfair Advantage, Article 4:110: Unfair Terms not Individually Negotiated, Article 4:118: Exclusion or Restriction of Remedies, Article 4:119: Remedies for Non-performance, Article 5:101: General Rules of Interpretation, Article 5:104: Preference to Negotiated Terms, Article 5:105: Reference to Contract as a Whole, Article 6:101: Statements giving rise to Contractual Obligations, Article 6:105: Unilateral Determination by a Party, Article 6:106: Determination by a Third Person, Article 6:107: Reference to a Non Existent Factor, Article 6:109: Contract for an Indefinite Period, Article 6:110: Stipulation in Favour of a Third Party, Article 7:106: Performance by a Third Person, Article 7:109: Appropriation of Performance, CHAPTER 8: NON-PERFORMANCE AND REMEDIES IN GENERAL, Article 8:103: Fundamental Non-Performance, Article 8:104: Cure by Non-Performing Party, Article 8:106: Notice Fixing Additional Period for Performance, Article 8:107: Performance Entrusted to Another, Article 8:108: Excuse Due to an Impediment, Article 8:109: Clause Excluding or Restricting Remedies, CHAPTER 9: PARTICULAR REMEDIES FOR NON-PERFORMANCE, Article 9:201: Right to Withhold Performance, Article 9:301: Right to Terminate the Contract, Article 9:302: Contract to be Performed in Parts, Article 9:304: Anticipatory Non-Performance, Article 9:305: Effects of Termination in General, Article 9:309: Recovery for Performance that Cannot be Returned, Article 9:502: General Measure of Damages, Article 9:504: Loss Attributable to Aggrieved Party, Article 9:509: Agreed Payment for Non-performance, Article 9:510: Currency by which Damages to be Measured, Article 10:101: Solidary, Separate and Communal Obligations, Article 10:102: When Solidary Obligations Arise, Article 10:103: Liability under Separate Obligations, Article 10:104: Communal Obligations: Special Rule when Money Claimed for Non-performance, Article 10:105: Apportionment Between Solidary Debtors, Article 10:106: Recourse Between Solidary Debtors, Article 10:107: Performance, Set-off and Merger in Solidary Obligations, Article 10:108: Release or Settlement in Solidary Obligations, Article 10:109: Effect of Judgment in Solidary Obligations, Article 10:110: Prescription in Solidary Obligations, Article 10:111: Opposability of Other Defences in Solidary Obligations, Article 10:201: Solidary, Separate and Communal Claims, Article 10:202: Apportionment of Separate Claims, Article 10:203: Difficulties of Executing a Communal Claim, Article 10:204: Apportionment of Solidary Claims, Article 10:205: Regime of Solidary Claims, Article 11:102: Contractual Claims Generally Assignable, Section 2: Effects of Assignment As Between Assignor and Assignee, Article 11:201: Rights Transferred to Assignee, Article 11:202: When Assignment Takes Effect, Article 11:203: Preservation of Assignee‘s Rights Against Assignor, Section 3: Effects of Assignment As Between Assignee and Debtor, Article 11:301: Contractual Prohibition of Assignment, Article 11:302: Other Ineffective Assignments, Article 11:303: Effect on Debtor‘s Obligation, Article 11:307: Defences and Rights of Set-Off, Article 11:308: Unauthorised Modification not Binding on Assignee, Section 4: Order of Priority between Assignee and Competing Claimants, Chapter 12: Substitution of New Debtor: Transfer of Contract, Article 12:101: Substitution: General Rules, Article 12:102: Effects of Substitution on Defences and Securities, Article 13:105: Plurality of Claims and Obligations, Article 13:107: Exclusion of Right of Set-Off, Article 14:101: Claims subject to Prescription, Section 2: Periods of Prescription and their Commencement, Article 14:202: Period for a Claim Established by Legal Proceedings, Article 14:301: Suspension in Case of Ignorance, Article 14:302: Suspension in Case of Judicial and Other Proceedings, Article 14:303: Suspension in Case of Impediment beyond Creditor‘s Control, Article 14:304: Postponement of Expiry in Case of Negotiations, Article14:305: Postponement of Expiry in Case of Incapacity, Article 14:306: Postponement of Expiry: Deceased‘s Estate, Article 14:401: Renewal by Acknowledgement, Article 14:402: Renewal by Attempted Execution, Article 14:502: Effect on Ancillary Claims, Article 14:601: Agreements Concerning Prescription, Article 15:101: Contracts Contrary to Fundamental Principles, Article 15:102: Contracts Infringing Mandatory Rules, Article 16:102: Interference with Conditions, Article 17:101: When Interest to be Added to Capital, homepage of the Commission of European Contract Law.

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