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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
Metadata
SiSU Metadata, document information
Manifest
SiSU Manifest, alternative outputs etc.
Chapter 4 - Particular Remedies for Non-Performance
Section 3 - Termination of the Contract
(1) A party?s right to terminate the contract is to be exercised by notice to the other party.
(2) The aggrieved party loses his right to terminate the contract unless he gives notice within a reasonable time after he has or ought to have become aware of the non-performance.
(3)
(a) When performance has not been tendered by the time it was due, the aggrieved party need not give notice of termination before a tender has been made. If a tender is later made he loses his right to terminate if he does not give such notice within a reasonable time after he has or ought to have become aware of the tender.
(b) If, however, the aggrieved party knows or has reason to know that the other party still intends to tender within a reasonable time, and the aggrieved party unreasonably fails to notify the other party that he will not accept performance, he loses his right to terminate if the other party in fact tenders within a reasonable time.
(4) If a party is excused under Article 3.108 through an impediment which is total and permanent, the contract is terminated automatically and without notice at the time the impediment arises.
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