Einde inhoudsopgave
Unidroit Principles of International Commercial Contracts 2010
Officiële Toelichting
Geldend
Geldend vanaf 01-05-2011
- Redactionele toelichting
De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
10-05-2011, Internet 2011, www.unidroit.org (uitgifte: 10-05-2011, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-05-2011
- Bronpublicatie inwerkingtreding:
10-05-2011, Internet 2011, www.unidroit.org (uitgifte: 10-05-2011, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal privaatrecht / Algemeen
Verbintenissenrecht / Algemeen
Verbintenissenrecht / Overeenkomst
An obligee may wish to release the obligor from its obligation (or, in case the obligor owes more than one obligation, from more than one or from all its obligations). The release may either be a separate act, or constitute a part of a more complex transaction between the parties, e.g. a compromise which settles a dispute between them.
This Article provides that such renunciation of the obligee's right(s) requires an agreement between the parties, irrespective or whether the obligee renounces its right(s) for value or gratuitously.
In the latter case, while the obligor should not be compelled to accept a benefit against its will, it will normally consent to accepting the benefit. For this reason paragraph (2) provides that a gratuitous offer shall be deemed accepted if the obligor does not reject the offer without delay after having become aware of it.
Illustrations
1
Company A is in financial difficulties and needs the co-operation of its creditors in order to survive. Bank B is prepared to renounce 50% of its claim against A and the interest that has fallen due on condition that A pay an interest of 9% (instead of the 5% paid previously) on the remaining debt. B sends a notice to this effect on 15 January. By 22 January A has not reacted to the notice. B's renunciation will only be effective after A has accepted B's offer in accordance with Article 2.1.6et seq.
2
Company A is in financial difficulties and needs the co-operation of its creditors in order to survive. Bank B is prepared to renounce 50% of its claim against A and the interest that has fallen due and sends A a notice to this effect on 15 January. By 22 January A has not reacted to the notice. B's offer is deemed to be accepted by A.