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Post-contractual Obligations in International Contracts

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Chapter Summary

The classical theory of obligations places the contract in a clearly defined time period. A contract is made when offer is accepted. It ends with the performance of the parties' obligations or on expiry of the term provided. It may end prematurely as a result of a specific incident, such as in a case of force majeure, the remission of a debt or termination due to non-performance. This chapter provides a general overview of post-contractual clauses, before setting out a few thoughts on specific legal problems which may arise from these post-contractual clauses. It also gives an overview of problems common to post-contractual obligations. The chapter offers a few thoughts of a global nature on this assortment of clauses. The clauses are classified into two principal categories, those that merely organize the winding up of the past, and those that make arrangements for an extension of contract into the future.

Keywords: force majeure; international contract; post-contractual clauses; post-contractual obligations



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