Unidroit Principles of International Commercial Contracts 2010:Officiële Toelichting

Unidroit Principles of International Commercial Contracts 2010

Officiële Toelichting

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1. Performance by a joint and several obligor

If one of the co-obligors has already fully or partially performed the obligation, the other obligors may successfully assert this as a defence should the obligee still attempt to claim performance from the other co-obligors.

Illustrations

1

Companies A, B and C are jointly bound to reimburse a loan of EUR 100,000. Upon lender X's request, A fully reimburses the loan. B and C can avail themselves of A's performance if X still claims reimbursement of the loan from them.

2

The facts are the same as in Illustration 1, but A only reimburses EUR 30,000. B and C are still jointly and severally bound for EUR 70,000 (see Article 11.1.3), but they may invoke A's partial payment if X still claims the full amount from them.

2. Set-off

The rule laid down in this Article with respect to performance by one of the co-obligors also applies, with appropriate adaptations, in the case of set-off between the obligee and one of the obligors. Rights of set-off have already been mentioned in Article 11.1.4, where the issue is to determine which of the co-obligors could assert rights of set-off. Article 11.1.5 deals with the subsequent issue of the effects of set-off, once it has been exercised. On the rules governing set-off itself, see Articles 8.1 to 8.5.

Illustration

3

The facts are the same as in the preceding illustrations: A, B and C are jointly bound to reimburse a loan of EUR 100,000 to X. However, on the basis of a different transaction A has become X's obligee for an amount of EUR 60,000. If A exercises its right of set-off against X by serving appropriate notice (as provided in Article 8.3), it will have the same effect as partial performance by A of its joint and several obligation, thus discharging B and C for the corresponding amount.

The same rule applies if the right of set-off has been exercised by the obligee against one of the joint and several obligors.

Illustration

4

The facts are the same as in Illustration 3, but it is X who takes the initiative to give the set-off notice to A. The effects are identical. A is discharged for the amount of set-off (EUR 60,000), and the other co-obligors B and C are also discharged for the same amount.

Deze functie is alleen te gebruiken als je bent ingelogd.