Mandatory Law. These Rules shall only take effect to the extent that they are not contrary to the mandatory provisions of international conventions or national law applicable to the Freight Forwarding Services.
Mandatory Law. This Agreement shall only take effect to the extent that its provisions are not contrary to any provision of mandatory (national and / or international) law. Any provision of this Agreement being contrary to any provision of mandatory law or otherwise being null and void does not effect the validity of the other provisions of this Agreement.
Mandatory Law. Nothing in this Agreement is intended to or shall be construed as excluding or modifying any statutory rights, warranties or conditions which may be applicable to this Agreement, the Software or Documentation, and which by virtue of any national or state fair trade or other consumer legislation may not be modified or excluded.
Mandatory Law. These Rules shall only take effect to the extent that they are not contrary to the mandatory provisions of international conventions or national law applicable to the Freight Forwarding Services. Addendum to the FIATA Model Rules: ( only valid for KNO ) Limitation of liability in case of Warehousing and Domestic Distribution activities: By way of derogation from the aforementioned stipulations, liability limits for warehousing and domestic distribution are as follows:
Mandatory Law. Th se Rules shall only take effect to the extent that they are not contrary to the mandatory provisions of international conventions or national law applicable to the Freight Forwarding services.
Mandatory Law. This disclaimer of liability shall not apply in cases involving intent or gross negligence, or where sections of the Federal Law of Switzerland regarding Product Liability (PrHG) are mandatory, or where liability is mandatory as in cases of damage to privately used property.
Mandatory Law. 1. Unless provided otherwise in this Convention, any stipulation in the contract of carriage, which would derogate from this Convention shall be null and void. The nullity of such stipulation shall not involve the nullity of other provisions of the contract of carriage agreed by the parties.
Mandatory Law. Nothing in this Agreement shall exclude, amend or restrict, or be interpreted as excluding, amending or restricting, any claims the Company may have against the Indemnitee pursuant to mandatory law. In particular, the Company’s right to pursue any claim against the Indemnitee according to Sec. 93 AktG in conjunction with Sec. 39, 40 para. 8 SEAG shall not be restricted in any way by this Agreement, and the Indemnitee shall not be entitled to any indemnification or reimbursement of Expenses in connection with such claims other than indemnification of Expenses that is granted by statutory law. This Agreement shall not be construed as waiver or settlement with regard to claims of the Company against the Indemnitee under statutory law. sf-4393690
Mandatory Law. Firstly: the articles 6:258 and 6:260 Civil Code are mandatory legal provisions (see article 6:250 Civil Code). Parties can therefore not deviate from them in the agreement (article 6:250 Civil Code). What they can do is make allowance for certain circumstances in the agreement, for example by placing certain risks with one of the parties. In doing that, the parties can in fact limit the scope of applicability of article 6:258 Civil Code. Such a risk allocation can also be implied. Risk allocation is widely applied in contracts. Whether corona qualifies as such a negotiable circumstance, is a matter of interpretation of the concerned provision. The literal meaning of a provision is not the only consideration. What is possible? Amendments, dissolution, retroactive effect and conditions As mentioned, a party invoking article 6:258 Civil Code before a judge can request amendments or full or partial termination of the agreement. This can be done by way of issuing a summons, but also by submitting a statement of defence.8 In some form, amendments and termination can occur alongside each other. Parliamentary history mentions as an example a tenancy agreement that can be dissolved for the future, while the rental price is adjusted for a period in the past.9 This will not only be important for the real estate branch, but for all long-term agreements. Amend or terminate? Termination is generally more invasive than amendment. In the past, it has been argued in literature that termination only comes up if amending proves not to be an acceptable option. We also feel that the primary focus would have to be on the preservation of the contract ual relationship (in a changed form) instead of termination thereof. This is of course different if the purpose of the agreement can no longer be fulfilled at all. Incidentally, termination of an agreement that is already fulfilled in full will seldom be considered to be in accordance with the principle of reasonableness and fairness10 Retroactive effect – consequences for previous failures A judge can also attach a retroactive effect to an amendment or termination. This is an important tool and it can have several consequences. Keep in mind that the starting point is that an amendment or termination does not remove the nature of failure from any possible breach that has occurred before the court ruling, nor from the moment that a contracting party invokes article 6:258 Civil Code. Neither the occurrence of the unforeseen circumsta...
Mandatory Law. Almost all the rules in this lease are mandatory as they follow from the Residential Tenancy Decree. The Landlord and Tenant must follow the rules of this contract. They cannot waive the rules. Other agreements between the Tenant and the Landlord are only possible if they do not conflict with the Residential Tenancy Decree. Are there still agreements that deviate from the mandatory law? If so, the rules of the Residential Tenancy Decree take precedence. The justice of the peace may also declare the contract null and void.
