Selected Cases by Article & Issues
Article 3.1.32 Cases
(1) The mere fact that at the time of the conclusion of the contract the performance of the obligation assumed was impossible does not affect the validity of the contract.
(2) The mere fact that at the time of the conclusion of the contract a party was not entitled to dispose of the assets to which the contract relates does not affect the validity of the contract.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Initial impossibility of performance | |
| 1.1 | Validity of contract not affected and to be considered as a case of non-performance | 2 |
| 1.1.1 | Party's knowledge of initial impossibility | |
| 2 | Lack of legal title or of right of disposition at time of conclusion of contract | |
| 2.1 | Validity of contract not affected | |
| 2.1.1 | Subsequent acquisition of title or right of disposition | |
| 2.1.2 | No subsequent acquisition of title or right of disposition |