Effect
Article 97
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.
Article 98
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.