Time: 5:30 - 8:00pm
Venue: Room 3.1, Centre for Commercial Law Studies, 67-69 Lincoln's Inn Fields, London WC2A 3JB
This lecture is part of QMUL-UNIDROIT Institute of Transnational Commercial Law Lecture Series and will be delivered by Professor Christine Chappuis. Her lecture is titled 'Is there a life after the end of the contract?'.
Performance or termination are the usual ways for a contract to come to its end. For long-term contracts, i.e. those to be performed over a period of time, things are not so simple. Performance extinguishes the obligation to render it and termination releases both parties form their obligation to perform. But more often than not obligations either survive the end of the contract or even come into existence after the contract comes to its end, such as confidentiality, non-competition, guarantee, interest, etc. or obligations to wind up the contract (restitution of the remaining stock, return of documents or advertising materials, indemnities, fate of IP rights, etc.).
Traditional contract law does not sufficiently address this issue. Relying on the UNIDROIT Principles of International Contracts 2016 and on international contract practice, this presentation will show how parties can deal with post-performance or -termination obligations in their contract. Notwithstanding the diversity of possible problems and solutions, the different methods of drafting such clauses will be examined.
Christine Chappuis is a professor at the Faculty of Law of the University of Geneva, Switzerland, where she teaches methodology, contract and tort law. Her research focuses on those fields as well as on international contracts and international harmonization of contract law. Former member of a group of colleagues working on a restatement of the Swiss law of obligations funded by the Swiss National Science Foundation, she took part in the Working Group for the preparation of the third and fourth editions of the UNIDROIT Principles of International Commercial Contracts, and is a member of the Groupe de Travail Contrats Internationaux. Admitted to the Bar, she was active as counsel to Geneva law firms before joining the University in 1999. Former president of the Geneva Law Society, she was also president of the General Assembly of Professors of the University of Geneva and Dean of the Faculty of Law. She is author and editor of several important books and papers focusing, among others, on contract practice and harmonization of contract law. She obtained her PhD grade in 1989 and received the Walter Hug prize among other honours.
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