|
JURČOVÁ, M.: Noncompliance – status of “de lege lata”
Právny obzor, 99, 2016, č. 4, s. 274
– 286.
Abstract. The author briefly outlines the regulation of nonperformance in the Slovak
Civil Code and Commercial Code. Having acknowledged the deficiencies of our
system differentiating the various types of breach, the paper outlines the
salient features of the unitary concept of non-performance adopted by the
UNIDROIT Principles of International Commercial Contracts (UPICC), Principles of
European Contract Law (PECL) that are based on the United Nations Convention on
Contracts for the International Sale of Goods (CISG), and the one is essentially
identical to the other. On the basis of this system the author introduces the
reform movements in the law of obligations across the Europe that have strongly
influenced first drafts and proposals for Slovak reform of non- performance. The
discussion on the basic policy questions of these proposals should be the
preferred working method on the way forward for Slovak law.
Key words: Non-performance, breach
of contract , remedies, liability for non- performance, exclusion of liability
|
ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
|
