Data
- Date:
- 25-06-2008
- Country:
- Norway
- Number:
- 2007/1873
- Court:
- Supreme Court of Norway
- Parties:
Keywords
UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (NORWEGIAN LAW)
TRANSFER OF OBLIGATION - CONSENT OF OBLIGEE REQUIRED - MERE SILENCE NOT SUFFICIENT - IMPLICIT REFERENCE TO ARTICLE 2.1.2, 2.1.6 AND 9.2.3 UNIDROIT PRINCIPLES
Abstract
In a dispute the question arose as to whether one of the contracting parties may transfer its obligations under the contract to a third person and whether such a transfer requires the consent of the other party. The Supreme Court held that for the transfer to be effective vis-a-vis the other party that party must give its consent and that mere silence on its part does not amount to acceptance. In support of its ruling the Court generically referred to the UNIDROIT Principles but without indicating on what specific provisions thereof it was relying. It may be presumed that the Court had in mind in particular Articles 2.1.2, 2.1.6(1) and 9.2.3 of the UNIDROIT Principles.
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