Selected Cases by Article & Issues
Article 6.2.330 Cases
(1) In case of hardship the disadvantaged party is entitled to request renegotiations. The request shall be made without undue delay and shall indicate the grounds on which it is based.
(2) The request for renegotiation does not in itself entitle the disadvantaged party to withhold performance.
(3) Upon failure to reach agreement within a reasonable time either party may resort to the court.
(4) If the court finds hardship it may, if reasonable,
(a) terminate the contract at a date and on terms to be fixed; or
(b) adapt the contract with a view to restoring its equilibrium.
(2) The request for renegotiation does not in itself entitle the disadvantaged party to withhold performance.
(3) Upon failure to reach agreement within a reasonable time either party may resort to the court.
(4) If the court finds hardship it may, if reasonable,
(a) terminate the contract at a date and on terms to be fixed; or
(b) adapt the contract with a view to restoring its equilibrium.
| Number | Issue | # Cases | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Effects of hardship | 10 | ||||||||||||
| 1.1 | Right of disadvantaged party to request renegotiations | 13 | ||||||||||||
| 1.1.1 | Request to be made without undue delay | 1 | ||||||||||||
| 1.1.2 | Indication of grounds for request | 1 | ||||||||||||
| 1.1.3 | Renegotiations in good faith (see Art.1.7) | 2 | ||||||||||||
| ||||||||||||||
| 1.2 | No automatic right to withhold performance | 6 | ||||||||||||
| 1.3 | Right to resort to court | 2 | ||||||||||||
| 1.3.1 | Termination of contract by court | 5 | ||||||||||||
| 1.3.1.1 | Termination on terms to be fixed by court | 0 | ||||||||||||
| 1.3.2 | Adapation of contract by court | 8 | ||||||||||||
Total Cases in the database 1528