Artikel 8:108 Excuse Due to an Impediment

Geldend

Documentgegevens:

Geldend vanaf 01-01-1999

Redactionele toelichting: Bron: frontpage.cbs.dk/law/commission_on_european_contract_law. De datum van publicatie is gezet op 01-01-1999.
Bronpublicatie:: 01-01-1999, Internet 1999, 000 (uitgifte: 01-01-1999, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-1999
Bronpublicatie inwerkingtreding:: 01-01-1999, Internet 1999, 000 (uitgifte: 01-01-1999, kamerstukken/regelingnummer: -)
Vakgebied(en): EU-recht / Bijzondere onderwerpen
Verbintenissenrecht / Overeenkomst

(1)

A party's non-performance is excused if it proves that it is due to an impediment beyond its control and that it could not reasonably have been expected to take the impediment into account at the time of the conclusion of the contract, or to have avoided or overcome the impediment or its consequences.

(2)

Where the impediment is only temporary the excuse provided by this Article has effect for the period during which the impediment exists. However, if the delay amounts to a fundamental non-performance, the creditorr may treat it as such.

(3)

The non-performing party must ensure that notice of the impediment and of its effect on its ability to perform is received by the other party within a reasonable time after the non-performing party knew or ought to have known of these circumstances. The other party is entitled to damages for any loss resulting from the non-receipt of such notice.