Article I - 1:109: Warning
Posted by Manuel Casal | Section "European Contract Law"
DCFR I. - 1:109: Warning
(1) This Article applies in relation to delivery notification made under these rules for any reason. "Notice" includes the communication of information or a legal act.
(2) The notification may be made by any means appropriate in the circumstances.
(3) The notification shall take effect when you arrive at your destination, unless it provides for a delayed effect.
(4) The notification is sent to your recipient:
(A) when delivered to the recipient;
(B) when delivered to the business address of the recipient, or when there is no business or when the notification does not refer to a professional matter, the recipient's address;
(C) in the case of a notification by electronic means, when the recipient can access, or
(D) when the situation is different, making available to the recipient at the place and so the recipient could reasonably have expected to get access to it without undue delay.
(5) The notification has no effect if the revocation reaches the same destination before or simultaneously with the notification.
(6) Any reference in these regulations to a notification made by a person, or it includes a notice given by a person or an agent of the person who has authority to give or receive it.
(7) In relations between a company and a consumer, the parties shall not, to the detriment of the consumer, excluding standard of paragraph (4) (c), or waive or modify its effects.
PECL Article 1:303. Communications (notification)
1. A communication can be in any way appropriate to the circumstances, whether in writing or by any other means.
2. Except as provided in paragraphs 4 and 5, a communication effects when it reaches its recipient.
3. Communication reaches the addressee when it is delivered, when delivered in your establishment or your mailing address or, if you do not have property or adreçapostal, when delivered to the place of his residence.
4. A communication made or sent properly to the other party as a result of a breach of the latter, or to a likely breach of the same, still reaching effect even in situations of delay of inaccuracies in the transmission or even when they arrive at their destination. The effects of communication shall be made from the time when, under normal conditions, would have arrived at their destination.
5. Communication does not achieve any effect if the recipient had previously received, or both, a revocation of it.
6. In this article the term "communication" includes promises, statements, offers, acceptances, demands, requests or any other content.
