Title

II.6 - Performance by agent

Content

No. II.6 - Performance by agent

Unless a contrary intention appears from the language of the parties, or the nature of the transaction, a debtor may perform his part by an agent. Such a contrary intention is presumed, in the case of any duty involving personal confidence between the parties, or the exercise of the debtor's personal skill.

Commentary

A debtor may involve a third party in the performance of his obligations vis-à-vis the creditor unless that performance is dominated not only by the performance interest of the creditor but by personal aspects such as the special skills of the debtor or the confidence of the creditor in the abilities of the debtor or if the parties have, by express agreement or by implication, excluded the debtor's right to avail himself of the services of a third party in the performance of his obligations.

References

Court Decisions

Cour de cassation Chambre sociale, No. 10-30.222, 7th december 2011

Doctrine

Dalloz référence Contrats d'affaires, Section 5Domingo, Ortega, Rodriguez-Antolin, Zambrana, Principios de Derecho Global, Navarra, 2006Jenks, Edward et al., A Digest of English Civil Law, London, Sydney, Calcutta, Winnipeg, Wellington 1921.

National Legislation

Handelsgesetzbuch - German Commercial Code

Arbitral Awards

ICC Award No. 12290, Collection of ICC Arbitral Awards 2008-2011, at Page 831 et seq.

Principles / Restatements

Principles of European Contract Law - PECL

Contract Clauses

1. Contractual Clause Ruling Performance by AgentSales & Purchase Contract