The paper elaborates on the effects of Art. 354 Civil Obligations Act reduction contractual penalty. According to this provision, court will, at request debtor, reduce penalty amount if it finds that is disproportionately high, given value and significance object obligation. takes position inadequacy subject obligation as a criterion for assessing proportionality amount. At same time, more appr...

Following the descriptive analytical approach, this research addresses rules governing anticipatory breach of contract under United Nations Convention on Contracts for International Sale Goods (Vienna, 1980) (CISG). The first section paper presents definition breach. second introduced most important options granted to parties if principle is performed. problem study lies in showing adequacy leg...

This article intends to analyze, in light of the most recent doctrinal developments on breach-motivated contract termination premises and cases, three main false problems usually indicated by corporate law commentators as obstacles for incidence general rules multilateral contracts, using shareholders’ agreements example. It will be argued that there are no currently effect legal grounds claim ...

The paper is devoted to the application of principles law in contractual relations, emergence or implementation which are associated with use digital means. development technologies has caused objective changes structure and qualities economic turnover. At same time, mean those that formed due behavior private entities at micro level. author substantiates thesis according which, conditions a la...

Sources of law in commercial contracts are importance because rights and obligations contractual parties derived from such sources. regularly considered to be legal acts, customs case law. However, due their flexibility the freedom contract, autonomous stands out as a source contracts. Such law, addition will parties, includes customs, codified practice established between general terms contrac...

upstream oil and gas operations could have adverse impacts on the environment and society as well as the safety, security and health of people. therefore, as a pre-condition to commence any oil and gas project, there must be a comprehensive eshia report, prepared and submitted by contractor to doe, in which all necessary precautions and a concrete program are considered to avoid, control or red...

from concluding of a contract to perfect performance, the continuing of contractual relationship may be doubted by some events and in this circumstance, it is necessary to determine the parties’ rights and obligations and the future of their contract. one of these situations is “anticipatory breach” in which prior to the date of performance of contract, it is clear that promisor will not or can...