After the dissolution of a contract, for those clauses not yet performed, the performance shall cease. For those already performed, the party concerned may, in accordance with the situation of performance and the nature of the contract, demand their restoration to the original status or take other remedial measures, and have the right to claim compensation.
The termination of rights and obligations under a contract shall not affect the validity of its clauses regarding settlement and liquidation.
Article 9.305 (ex art. 4.305) - Effects of Termination in General 477
(1) Termination of the contract releases both parties from their obligation to effect and to receive future performance, but, subject to Articles 9.306 to 9.308, does not affect the rights and liabilities that have accrued up to the time of termination. 478
(2) Termination does not affect any provision of the contract for the settlement of disputes or any other provision which is to operate even after termination. 479
Article 9.306 (ex art. 4.306) - Property Reduced in Value 480
A party who terminates the contract may reject property previously received from the other party if its value to the first party has been fundamentally reduced as a result of the other party's non-performance. 481
Article 9.307 (ex art. 4.307) - Recovery of Money Paid 482
On termination of the contract a party may recover money paid for a performance which it did not receive or which it properly rejected. 483
Article 9.308 (ex art 4.308) - Recovery of Property 484
On termination of the contract a party who has supplied property which can be returned and for which it has not received payment or other counter-performance may recover the property. 485
Article 9.309 (ex art. 4.309) - Recovery for Performance that Cannot be Returned 486
On termination of the contract a party who has rendered a performance which cannot be returned and for which it has not received payment or other counter-performance may recover a reasonable amount for the value of the performance to the other party. 487
Article 453. The Consequences of the Amendment and of the Cancellation of the Contract
1. In case of the amendment of the contract, the parties' obligations shall be preserved in the amended form.
2. In case of the cancellation of the contract, the parties' obligations shall be terminated.
3. In case of the amendment or of the cancellation of the contract, the obligations shall be regarded as amended or as terminated from the moment of the parties' concluding an agreement on the amendment or on the cancellation of the contract, unless otherwise following from the agreement or from the nature of the contract's amendment, and in case of the amendment or the cancellation of the contract by the court decision - from the moment of the enforcement of the court ruling on the amendment or on the cancellation of the contract.
4. The parties shall have no right to claim the return of what has been discharged by them by their obligations up to the moment of the amendment or the cancellation of the contract, unless otherwise stipulated by the law or by the agreement between the parties.
5. If an essential violation of the contract by one of the parties has served as the ground for the amendment or for the cancellation of the contract, the other party shall have the right to claim the compensation of the losses, inflicted upon it by the amendment or by the cancellation of the contract.