Selected Cases by Article & Issues
(1) The obligor may assert against any of the joint and several obligees all the defences and rights of set-off that are personal to its relationship to that obligee or that it can assert against all the co-obligees, but may not assert defences and rights of set-off that are personal to its relationship to one or several of the other co-obligees.
(2) The provisions of Articles 11.1.5, 11.1.6, 11.1.7 and 11.1.8 apply, with appropriate adaptations, to joint and several claims.
|1||Initial impossibility of performance|
|1.1||Validity of contract not affected and to be considered as a case of non-performance|
|1.1.1||Party’s knowledge of initial impossibility|
|2||Lack of legal title or of right of disposition at time of conclusion of contract|
|2.1||Validity of contract not affected|
|2.1.1||Subsequent acquisition of title or right of disposition|
|2.1.2||No subsequent acquisition of title or right of disposition|