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Discharge of Contract by Breach in Civil Law

Discharge of Contract by Breach in Civil Law CHARLES SZLADITS Discharge of Contract by Breach in Civil Law I T IS SAID IN THE COMMON LAW that a contract is discharged by the material breach of one party. This statement really means that, if one party to a bilateral contract has repudiated or broken all or some essential obligations under it, this renders the contract voidable by the injured party who may, if he so elects, rescind the contract. I t may be of great importance to the injured party to be able to say to the other party: "Since you have repudiated, or have not performed all or some of your obligations under the contract, I shall not perform mine." In the common law, this problem is characterized by "somewhat uncertain groping for fundamental principles in the matter by English and American courts." I t may be therefore of some interest to consider how this question has been solved in the civil law systems. The question has also great practical significance because in international transactions acts of breach occur that may present frequent problems in international counselling. In the civil law, there are two main answers to the question: "Can a contract be rescinded for breach http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Discharge of Contract by Breach in Civil Law

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Publisher
Oxford University Press
Copyright
© 1953 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837482
Publisher site
See Article on Publisher Site

Abstract

CHARLES SZLADITS Discharge of Contract by Breach in Civil Law I T IS SAID IN THE COMMON LAW that a contract is discharged by the material breach of one party. This statement really means that, if one party to a bilateral contract has repudiated or broken all or some essential obligations under it, this renders the contract voidable by the injured party who may, if he so elects, rescind the contract. I t may be of great importance to the injured party to be able to say to the other party: "Since you have repudiated, or have not performed all or some of your obligations under the contract, I shall not perform mine." In the common law, this problem is characterized by "somewhat uncertain groping for fundamental principles in the matter by English and American courts." I t may be therefore of some interest to consider how this question has been solved in the civil law systems. The question has also great practical significance because in international transactions acts of breach occur that may present frequent problems in international counselling. In the civil law, there are two main answers to the question: "Can a contract be rescinded for breach

Journal

American Journal of Comparative LawOxford University Press

Published: Jul 1, 1953

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