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Post-Contractual Obligations In International Contracts

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Chapter Summary

This chapter provides a general overview of the problems common to post-contractual obligations, illustrated by post-contractual clauses taken from the sample gathered and discussed by the Group. 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 the contract into the future. The chapter sets out a few thoughts on the specific legal problems which may arise from these post-contractual clauses. The discussions of the Working Group highlighted a series of questions arising out of the phenomenon of post-contractual obligations. Do such obligations exist in the absence of an express clause? Are clauses prolonging certain effects of the contracts always lawful? How long do such post-contractual obligations subsist, especially in cases where there has been a change in circumstances? These questions are discussed in the chapter.

Keywords: international contracts; legal problems; post-contractual clauses; post-contractual obligations



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