In this edition we enter into detail on the following subjects:

Entry into force

Relevant general provisions of Book 1

  • Representation
  • Prohibition of abuse of rights
  • Waiver of right

Contract formation

  • Freedom to contract and … to not contract: wrongful termination of negotiations
  • Duty to inform in the context of due diligence
  • Consent in the new Civil Code
  • Nullity of a contract
  • Illicit cause and/or illicit object

Contract execution

  • Hardship – Change in circumstances
  • Anticipatory breach
  • Extrajudicial replacement of a defaulting counterparty
  • Price reduction in development projects: what is the VAT impact?
  • Does abolishing quasi-immunity open the door to more liability claims?

Miscellaneous topics

  • Multiple parties: what about allocation of liability?
  • Transfer of contract, transfer of receivable, transfer of debt
  • Preference contracts and option contracts: key takeaways in the context of real estate transactions
  • General conditions: the “battle of forms” issue
  • “Unfair clauses” prohibition for financial services

 

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Real Estate Update - December 2022