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Principles of European Contract Law [Part 1, 1995, ]

Part I - Performance, Non-performance, Remedies.

Chapter 1 - General Provisions

Article 1.101 - Application of the Principles

Article 1.102 - Exclusion or Modification of the Principles

Article 1.103 - Usages and Practices

Article 1.104 - Interpretation and Supplementation

Article 1.105 - Meaning of Terms

Article 1.106 - Good Faith and Fair Dealing

Article 1.107 - Duty to Co-operate

Article 1.108 - Reasonableness

Article 1.109 - Imputed Knowledge and Intention

Article 1.110 - Notice

Chapter 2 - Terms and Performance of the Contract

Article 2.101 - Determination of Price or other Contractual Terms

Article 2.102 - Unilateral Determination by a Party

Article 2.103 - Determination by a Third Person

Article 2.104 - Reference to a non-existent Factor

Article 2.105 - Quality of Performance

Article 2.106 - Place of Performance

Article 2.107 - Time of Performance

Article 2.108 - Early Performance

Article 2.109 - Contract for an Indefinite Period

Article 2.110 - Form of Payment

Article 2.111 - Currency of Payment

Article 2.112 - Appropriation of Performance

Article 2.113 - Property not Accepted

Article 2.114 - Money not Accepted

Article 2.115 - Stipulation in Favour of a Third Party

Article 2.116 - Performance by a Third Person

Article 2.117 - Change of Circumstances

Chapter 3 - Non-Performance and Remedies in General

Article 3.101 - Remedies Available

Article 3.102 - Cumulation of Remedies

Article 3.103 - Fundamental Non-Performance

Article 3.104 - Cure by Non-Performing Party

Article 3.105 - Assurance of Performance

Article 3.106 - Notice Fixing Additional Period For Performance

Article 3.107 - Performance Entrusted to Another

Article 3.108 - Excuse Due to an Impediment

Article 3.109 - Clause Limiting or Excluding Liability

Chapter 4 - Particular Remedies for Non-Performance

Section 1 - Right to Performance

Article 4.101 - Monetary Obligations

Article 4.102 - Non-Monetary Obligations

Article 4.103 - Damages Not-Precluded

Section 2 - Right to Withhold Performance

Article 4.201 - Right to Withhold Performance

Section 3 - Termination of the Contract

Article 4.301 - Right to Terminate the Contract

Article 4.302 - Contract to be Performed in Parts

Article 4.303 - Notice of Termination

Article 4.304 - Anticipatory Non-Performance

Article 4.305 - Effects of Termination in General

Article 4.306 - Property Reduced in Value

Article 4.307 - Recovery of Money Paid

Article 4.308 - Recovery of Property

Article 4.309 - Recovery for Performance that Cannot be Returned

Section 4 - Price Reduction

Article 4.401 - Right to Reduce the Price

Section 5 - Damages and Interest

Article 4.501 - Right to Damages

Article 4.502 - General Measure of Damages

Article 4.503 - Foreseeability

Article 4.504 - Loss Attributable to Aggrieved Party

Article 4.505 - Cover Transaction

Article 4.506 - Current Price

Article 4.507 - Delay in Payment of Money

Article 4.508 - Agreed Payment for Non-Performance

Article 4.509 - Currency by which Damages to be Measured

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Manifest

SiSU Manifest, alternative outputs etc.

Principles of European Contract Law

European Union

copy @ Lex Mercatoria

Part I - Performance, Non-performance, Remedies.

Chapter 2 - Terms and Performance of the Contract

Article 2.112 - Appropriation of Performance

(1) Where a party has to perform several obligations of the same nature and the performance tendered does not suffice to discharge all of the obligations, then subject to paragraph (4) the party may at the time of his performance declare to which obligation the performance is to be appropriated.

(2) If the performing party does not make such a declaration, the other party may within a reasonable time appropriate the performance to such obligation as he chooses. He shall inform the performing party of the choice. However, any such appropriation to an obligation which:

(a) is not yet due; or

(b) is illegal; or

(c) is disputed,

is invalid.

(3) In the absence of an appropriation by either party, and subject to paragraph (4), the performance is appropriated to that obligation which satisfies one of the following criteria in the sequence indicated:

(a) the obligation which is due or is the first to fall due;

(b) the obligation for which the obligee has the least security;

(c) the obligation which is the most burdensome for the obligor;

(d) the obligation which has arisen first.

If none of the preceding criteria applies, the performance is appropriated proportionately to all obligations.

(4) In the case of a monetary obligation, a payment by the debtor is to be appropriated, first, to expenses, secondly, to interest, and thirdly, to principal, unless the creditor makes a different appropriation.


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