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Agreement To Forfeit Property


In the event of non-performance or infringement, the loss of money, assets or any other object defined in a contract entails compensation to the party concerned. For example, the expiry date of a schedule for the non-conclusion of a purchase transaction is a usual provision in a contract for the sale of real estate. “The claimant has not demonstrated the damage he suffered as a result of the breach contrary to the Treaty and we cannot find a principle that compensation equal to 10% of the agreed price could be awarded to the claimant. The plaintiff was admitted 1,000 / – which was serious money as part of the damages. In addition, he had used the remaining sum of Rs. 24,000/ – and we can assume, rightly, that he had to take advantage of this amount during this period. In the absence of evidence of harm resulting from the offence, we consider that the amount of Article 1,000/- (serious money) that has expired and the benefit that the applicant must have obtained from the possession of the remaining sum of Article 24,000/ – throughout this period would constitute sufficient compensation for him. “When a company offers its employees stock options (ESOs) or company shares as an incentive, they often have restrictions on when and how those stakes can be sold by the employee. In some cases, when the employee leaves the company before the expiration of a fixed term, it may be necessary for him to lose the shares of the company attributed to him. `It is not possible to consider that the amount paid must, by reason of a maturity, bear the character of a security for the correct performance of the contract.` (A) During the persistence of a delay, the defaulting party is not entitled to his right, which remains in the party of non-removal and which is the property of the latter. The operator (or the entity informing whether the operator is a defaulting party) is entitled to sell that right on terms that are economically reasonable in the circumstances and, after deduction of all costs, fees and expenses incurred in connection with such a sale, to pay the net proceeds to the non-defaulting parties in relation to the amounts, which are due to them by the defaulting party (and this net proceeds for the establishment, where appropriate, of a reserve fund referred to in Article 8(4)(C)), until all those amounts are recovered and such a reserve fund is established. Any remaining surplus shall be paid to the defaulting party and any default shall remain a debt owed by the defaulting party to the non-defaulting parties.

For sales referred to in point (A) of Article 8.4, non-defaulting parties shall not be required to share an existing market or to obtain a price corresponding to the price at which their own production is sold. .

  • 2021-09-10
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