Enforcement of pre-contracts Sample Clauses

Enforcement of pre-contracts. The fundamental question is how to enforce a pre-contract. Of course, in case of non-performance of a pre-contract, the beneficiary is entitled to damages for the loss resulting from the non-occurrence of the envisaged contract.7 However, the most efficient sanction for the promisor’s refusal to conclude the anticipated contract is the possibility of the court, at the request of the party that has fulfilled its own obliga- tions, rendering a decision that substitutes the consent of the reticent counterparty to the promised contract. In practical terms, in this case, the court creates the envis- aged agreement based on the anticipatory clauses of the pre-contract.8 Therefore it is 6 Chirică, 2017, p. 203. Chapter III essential that the content of the pre-contract9 be sufficiently specific to render such a judgement. In order to analyze the problem, we can take the example of a bilateral pre- contract for the sale of an asset. The bilateral pre-contract of sale is an agreement that gives rise to a relative right of the promisor-buyer, correlated with an obligation of the promisor-seller to conclude a contract of sale and at some future moment sell a particular asset. Also, due to the bilateral character of the agreement, the promisor- seller has the right to claim the performance of the pre-contract. In cases when the sale is not of a real nature (the transfer of title occurs without it being contingent on the concomitant delivery of the good), pre-contracts can be enforced more effectively. In this case, when one of the parties who has concluded a bilateral pre-contract of sale unjustifiably refuses to conclude the anticipated con- tract, the other party may request a court decision to take the place of the contract. However, the problem is more complicated if a sale is regulated as a real contract in a legal system. In this case, the sale must be accompanied by the delivery of the good (traditio), a voluntary transfer of possession, in order to transfer ownership. Dif- ferent approaches are possible: — the pre-contracts of sale are not used in practice because the court cannot state a decision to take the place of a contract, since the decision in question can replace the consent of the promisor at the conclusion of the contract but cannot replace the delivery of the thing; therefore, the pre-contract lacks relevance in the case of such sales, — pre-contracts of sale are effective only in a limited way; for example, the enforcement of the pre-contract is p...
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Related to Enforcement of pre-contracts

  • Enforcement of Agreement The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement Provisions While Contractors and their Representatives are expected to self-monitor their compliance with this Contractor Code of Conduct, the provisions of this Code are enforceable by LAUSD. Enforcement measures can be taken by LAUSD’s Procurement Services Group or Facilities Contracts Branch in consultation with the Contract Sponsor, the Ethics Office, the Office of the General Counsel, and the Office of the Inspector General. The Office of the Inspector General may also refer matters to the appropriate authorities for further action.

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

  • Priority of agreements and errors discrepancies

  • Audits, Inspection and Enforcement Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

  • Contract Enforcement Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED TO A, B2, 5-7. Enforcement of Contract and Dispute Resolution Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED

  • GOVERNING LAW AND ENFORCEMENT (a) The choice of English law as the governing law of the Finance Documents will be recognised and enforced in its jurisdiction of incorporation.

  • Priority of Agreements This DPA shall govern the treatment of Student Data in order to comply with the privacy protections, including those found in FERPA and all applicable privacy statutes identified in this DPA. In the event there is conflict between the terms of the DPA and the Service Agreement, Terms of Service, Privacy Policies, or with any other bid/RFP, license agreement, or writing, the terms of this DPA shall apply and take precedence. In the event of a conflict between Exhibit H, the SDPC Standard Clauses, and/or the Supplemental State Terms, Exhibit H will control, followed by the Supplemental State Terms. Except as described in this paragraph herein, all other provisions of the Service Agreement shall remain in effect.

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