English Translation

1661 10th year 1940 Issue 40] The second formula also means nothing more than the present performance has already done", the formula is that the rule also applies to those who step into force. "This rule also covers those who enter into force in the case of contracts. The effect of this formula on the existing contracts, unless the seller has already sent the current contracts to the buyer in all the same way as that of the purchased goods". The same is true of this formula, which differs from the above-mentioned rule in the case of the formulas 'contracts which, before the contract was concluded, were initially regarded as having been concluded by the seller as being subject to the obligation to submit the goods which had been sold at other prices, in accordance with that provision, shall be deemed to have been delivered at the prices of the contract's performance by this part of the agreement. In the case of a contract in a single case in accordance with the provisions of the civil contract, the law has in fact already been fulfilled or, according to the letter of the Borschrift, the provisions which are applicable to it in the case in which the contract has already been concluded by both parties, in so far as the provisions in force in the individual case conflict with the rules of the ordinary contract. Don't. It therefore makes it easier to apply the provision.' These formulae, too, do not mean anything materially to the current contracts, since for their benefit, the provision applies even to the income which is still in force on the part of the purchaser. This is expressed here to examine whether the purely external contracts which can be easily ascertained in such a way that the effects of the provision on the action of sending the goods are already determined, has these effects or not, and any decision as to whether these are, as is apparent from the above, also the fulfilment of the provisions or exactly the rims which, according to general bases, do not have to be omitted. On the other hand, if the rule is applied to the current formula, however, it is self-evident that the above-mentioned trade agreements are the same. In the case of both statements, the expression 'this legal situation' may also be amended in so far as, in all the cases in which the document also applies to the "dispatch" of the goods by the seller at the time of entry into force of the contract, the provision 'unless the seller has already carried out the performance of the agreement by virtue of the obligation to perform it' (or 'the purchaser is not in any other way sufficient to exclude the contract from the effect of the price regulation, unless the contract precludes the delivery. In particular, the case of the seller dividing the contract into two groups, on which a buyer hands over the goods directly, or on the part of the Käu side there are those current contracts which have so far been withdrawn from a third party, etc. In only by the buyer or/and only partially by the seller of these cases, the current contract will therefore be fulfilled even after the purchaser or at all by no part of a complete fulfillment by the vendor nor by the party, on the other hand the price rule is taken; it stands for the contracts, which in the case of those current contracts, so far only from the entry into force of the regulation are completely fulfilled by the purchaser and/or buyer. Only in the first three only partially by the seller or in cases at all, the current contracts are not met by any part of the parties, fully covered, to the same extent as men. On the other hand, in order to exclude it from the scope of application of the price regulation by the said application of a provision for the current contracts, it must be sufficient above for a third party to be held at the request of the court. In the fourth case, on the other hand, the purchasers shall send the goods to the buyer, since the third price contract, according to an extremly substantial provision, acts here only as a vicarious agent of the seller, does not enter into the current contracts. In other words, a contract in which the seller and his dealings with the seller have been fulfilled — as well as sellers for example — is completely the same as a contract which an employee of the seller has already fulfilled for the sale of both parties; the contractual relationship between the buyer and seller remains the same just as such an already completed contract must have meaning as that of the vendor himself pre-empted by the Borschrift. Dispatch taken. A modification of the wording just discussed A third modification of this statement is the formula 'This provision also applies to the contracts in force at the time of entry into force of the Directive, unless the seller has not yet effected the performance incumbent on him.' In this case, the application of the provision to a letter of intent shall also apply to the yield which is payable at the time of entry into force of the contract shall not be reduced until the contract has been fully fulfilled by the seller. Rather, the contract is not yet carried out by the delivery of the sold goods only to the extent and has always been fulfilled; the date of delivery shall be deemed to be the date on which the price rule is applied insofar as the property of the goods has not yet been transferred to the buyer; moreover, the transfer shall remain." Apart from the fact that here too — as in the case of the contractual relationship is unaffected. The current contract is, therefore, first modification — the contractual connexion because of the fact that the seller has already partially performed, to be disassembled in two words "in so far" only with regard to the remaining parts; for the services already performed by the seller, the price agreements of the contract remain measured=, is here also the concept of the outstanding, for the future services performance to be performed further specified itself. In this case, the seller is only entitled to this formula, i.e. a two-fold calculation of the price, even if delivery of the goods sold has not yet been effected and then for the services which have yet to take place, and delivery is also deemed to be pending services. In doing so, the agreed will each transfer of ownership of the goods. Price, provided that the contract itself has a breakdown In this case, therefore, it is only not necessary to consider whether, at the time of the entry into force of the provision, the services already carried out and the outstanding amount of the goods to be supplied by the seller are to be allocated to the services in question. in the case of individual pieces — to the buyer A further modification of the sentence "this has passed. If this is to be affirmed, the provision also applies to the contractual relationship in force at the time of entry into force of the contract, equal contracts, unless the seller agrees with it whether the other acts of performance of the agreement are valid or not.