Article I - 1:106: "In writing" and similar expressions
Posted by Manuel Casal | Section "European Contract Law"
DCFR I. - 1:106: "In writing" and similar expressions
(1) For the purposes of this regulation, a statement "in writing" if it is in text form and character intelligible, readable directly from paper or other durable tangible support.
(2) "Text Format", a text that is expressed in alphabetic characters or other intelligible character in any format that allows reading, recording the information contained in the text and reproduction in tangible form.
(3) "lasting support" means any material in which information is stored in a way that is accessible for future consultation for a period of time appropriate for the purposes of information, and allows the exact reproduction of this Information.
Article 1:301. Definitions
These principles, unless the context requires otherwise:
1. The term "action" includes omission.
2. The term "court" includes arbitral tribunals.
3. The concept of an action "intentional" includes an act seriously negligent.
4. The term "breach" express any breach of an obligation arising from contract, whether or not justified, and includes late or defective compliance and breach of the duty to cooperate for the full contract varied effects.
5. An item or issue is "substantial" when any reasonable person that he was in the same situation as the parties had understood that he would influence the other contracting party in its decision to accept the conditions proposed or subscribe contract itself.
6. Statements by "writing" include communications made by telegram, telex, fax and email, and any other media that allows recording and reading its contents to both contracting parties.
UNIDROIT Article 1.11 Definitions
The purpose of these principles:
- "Court" includes an arbitral tribunal;
- If one party has more of an "establishment," his "property" is one who has the closest relationship with the contract and its implementation, considering the circumstances known or contemplated by the parties at any time before the contract or at the time of its conclusion;
- "Debtor" or "debtor" is the one who fulfilled any obligation, and "creditor" or "creditor" is entitled to claim its fulfillment;
- "Writing" includes any mode of communication that leaves a record of the information contained and is capable of being reproduced in tangible form.
