Legal tip 494. International principles on Contract cancellation
Friday, April 8, 2011 @ 3:21 PM
The researcher of the team found yesterday a great Court Decission on the International Law Principles and provisions behind the most recent doctrine of our Supreme Court by which contract cancellation does not require, as in the past: a deliberately rebel will by the breacher but, just the absence of the complete and satsifactory performance according to the agreed terms ( Supreme Court decission of 5th of April 2006).
These International Law principles/provisions are:
-Provision 25 of United Nations Convention of 11th of April 1980, that Spain joined in 1990
-Provision 810.3 of European Principles of Contract Law
-Unidrait Principles. Provision 7,3,1,26
We need to add that by doctrine of the Supreme Court, all the features included in publicity are also part of what the party is entitled to expect out of the contract and that is not provided, the contract can be cancelled ( enforceable Supreme Court case law since 27th of January 1977!)
Have a great weekend!
Maria
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Cadiz by Harry Wagner at Flickr.com