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Introduction

Introduction. Case : You want to build a house, so you sign a contract with a contractor that the construction should start in March 2013 and should be finished in December 2013. What can you do if the contractor still didn’t start to work in June? Iara : The Italian legislation

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Introduction

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  1. Introduction • Case: You want to build a house, so you sign a contract with a contractor that the construction should start in March 2013 and should be finished in December 2013. What can you do if the contractor still didn’t start to work in June? • Iara: The Italianlegislation • Lauren: The Belgianlegsilation • Lilly: The Vietnamselegislation • Nikolai: The Dutch legislation

  2. ItalianLegislation • Italian courts  called to implement general legislative rules apply equitable principles on a case-by-case basis • Example : act and perform the contract in accordance with good faith and fair dealing (arts. 1175 and 1375 cc) • Art. 1338 cc : there is ground for contract invalidity and one party did not disclose it to the counterpart  Pay damages suffered by the other • The party who decides to abandon the negotiations without valid justification  liable for damages • General rule  one of the parties fail to perform his obligations properly  considered in breach  other party can demand exact performance or termination + non-breaching party is entitled to recover compensation for damages suffered

  3. BelgianLegislation • Art. 1184. (II) CL you can not simply annul a contract. • Need to follow some rules • 2 possible solutions • Article 1184 (III) CL the judge needs to decide whether or not a contract can be cancelled. • Based on 2 steps: 1) investigate range and extent contract 2) look at possible circumstances • Article 1192 CL:  Architect and contractor remain responsible for 10 years

  4. Vietnamese legislation • Decree No.48/2010/ND-CP, Article 40 of May, 2010 by Vietnamese Government: • - The project owner has the right to terminate the contract when the contractor refuses or fails to carry out work for a period of 45 days. • The contractor has responsibility to remove all assets owned by his party from the building site within 2 days. • If this action does not taken in time then the project owner has the right to deal with these assets. • The penalty for breaking a construction contract must not exceed 12% of the value of the contract

  5. Dutch legislation • Civil law in the Netherlands are governed by 10 books. The sixth deals with contract law. • When is a contract void? • There are several scenarios where not living by a contract does not void it. • When the second party to the contract is liable, your recourse falls in three categories. • Petition • Compensation • Dissolution • If you want compensation, your case needs to qualify five conditions, at which point your case will go to court.

  6. Conclusion • The Italian, Belgian and Dutch law are very similar to one another.  • Principles of European Contract law (PECL) are based on the concept of a uniform European contract law system, created by commission on European Contract law. • The European legislation VS Asian legislation • Vietnam = a period of 45 days • Europe = no specific period, depends on the case

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