10 minutes read
In this edition we enter into detail on the following subjects:
Entry into force
Relevant general provisions of Book 1
- Representation
- Prohibition of abuse of rights
- Waiver of right
Contract formation
- Freedom to contract and … to not contract: wrongful termination of negotiations
- Duty to inform in the context of due diligence
- Consent in the new Civil Code
- Nullity of a contract
- Illicit cause and/or illicit object
Contract execution
- Hardship – Change in circumstances
- Anticipatory breach
- Extrajudicial replacement of a defaulting counterparty
- Price reduction in development projects: what is the VAT impact?
- Does abolishing quasi-immunity open the door to more liability claims?
Miscellaneous topics
- Multiple parties: what about allocation of liability?
- Transfer of contract, transfer of receivable, transfer of debt
- Preference contracts and option contracts: key takeaways in the context of real estate transactions
- General conditions: the “battle of forms” issue
- “Unfair clauses” prohibition for financial services
