Selected Cases by Article & Issues
Article 7.3.69 Cases
(1) On termination of a contract to be performed at one time either party may claim restitution of whatever it has supplied under the contract, provided that such party concurrently makes restitution of whatever it has received under the contract.
(2) If restitution in kind is not possible or appropriate, an allowance has to be made in money whenever reasonable.
(3) The recipient of the performance does not have to make an allowance in money if the impossibility to make restitution in kind is attributable to the other party.
(4) Compensation may be claimed for expenses reasonably required to preserve or maintain the performance received.
(2) If restitution in kind is not possible or appropriate, an allowance has to be made in money whenever reasonable.
(3) The recipient of the performance does not have to make an allowance in money if the impossibility to make restitution in kind is attributable to the other party.
(4) Compensation may be claimed for expenses reasonably required to preserve or maintain the performance received.
| Number | Issue | # Cases | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Right of parties to restitution on termination of contracts to be performed at one time | 4 | |||||||||
| 1.1 | Restitution in kind | 1 | |||||||||
| |||||||||||
| 1.1.1 | Restituition in kind impossible or inappropriate | 4 | |||||||||
| 1.2 | Allowance in money | 2 | |||||||||
| 1.2.1 | Allowance in money not reasonable | 1 | |||||||||
| 1.3 | Recipient of performance liable to make good the value of performance if unable to make restitution in kind | 0 | |||||||||
| 1.4 | Compensation for expenses | 0 | |||||||||
| 1.5 | Benefits | 0 | |||||||||
Total Cases in the database 1528