Articles
Cumulation of Causes of Remedies for Non-performance and other Claims, with Special Regard to the Section 6:145. of Civil Code
Published:
2016-12-16
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Keywords
non-cumul breach of contract contractual remedies compensation for damages cumulation of causes of action
How To Cite
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APA
Pusztahelyi, R. (2016). Cumulation of Causes of Remedies for Non-performance and other Claims, with Special Regard to the Section 6:145. of Civil Code. Pro Futuro, 6(2), 60-78. https://doi.org/10.26521/Profuturo/2016/2/5132
Abstract
The Civil Code (Section 6:145.) excludes the possibility of parallel delictual claims of compensation for damages arising from breach of contract (non-cumul). This essay deals with the concept of concurrence of law and the concept of cumulation of causes of action and the relationship between contractual remedies and other sanctions grounded on a non-contractual basis. It examines the French doctrine of non-cumul, the proposal of DCRF and certain methods among the European legal systems. This essay analyzes briefly the two situations where the contractual and delictual bases could compete with each other and the application of the above mentioned provision may generate problems.