Selected Cases by Article & Issues
Article 11.2.30 Cases
(1) The obligor may assert against any of the joint and several obligees all the defences and rights of set-off that are personal to its relationship to that obligee or that it can assert against all the co-obligees, but may not assert defences and rights of set-off that are personal to its relationship to one or several of the other co-obligees.
(2) The provisions of Articles 11.1.5, 11.1.6, 11.1.7 and 11.1.8 apply, with appropriate adaptations, to joint and several claims.
| 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 | |
| 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 |