Selected Cases by Article & Issues
Article 3.2.150 Cases
(1) On avoidance either party may claim restitution of whatever it has supplied under the contract, or the part of it avoided, provided that the party concurrently makes restitution of whatever it has received under the contract, or the part of it avoided.
(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 avoidance | |
| 1.1 | Restitution in kind | |
| 1.2 | Restitution in kind not possible or appropriate | |
| 1.2.1 | Allowance in money if reasonable | |
| 1.3 | Recipient of performance liable to make good the value of performance if unable to make restitution in kind | |
| 1.4 | Compensation for expenses | |
| 1.5 | Benefits |