Selected Cases by Article & Issues
Article 11.2.40 Cases
(1) As among themselves, joint and several obligees are entitled to equal shares, unless the circumstances indicate otherwise.
(2) An obligee who has received more than its share must transfer the excess to the other obligees to the extent of their respective shares.
| 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 |