Miscellaneous

Article 1.303 (ex art. 1.110) - Notice 45

(1) Any notice may be given by any means, whether in writing or otherwise, appropriate to the circumstances. 46

(2) Subject to paragraphs (4) and (5), any notice becomes effective when it reaches the addressee. 47

(3) A notice reaches the addressee when it is delivered to it or to its place of business or mailing address, or, if it does not have a place of business or mailing address, to its habitual residence 48

(4) If one party gives notice to the other because of the other's non-performance or because such non-performance is reasonably anticipated by the first party, and the notice is properly dispatched or given, a delay or inaccuracy in the transmission of the notice or its failure to arrive does not prevent it from having effect. The notice shall have effect from the time at which it would have arrived in normal circumstances. 49

(5) A notice has no effect if a withdrawal of it reaches the addressee before or at the same time as the notice. 50

(6) In this Article, 'notice' includes the communication of a promise, statement, offer, acceptance, demand, request or other declaration. 51

Article 1.304 (ex art. 1.111) - Computation of Time 52

(1) A period of time set by a party in a written document for the addressee to reply or take other action begins to run from the date stated as the date of the document. If no date is shown, the period begins to run from the moment the document reaches the addressee.

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(2) Official holidays and official non-working days occurring during the period are included in calculating the period. However, if the last day of the period is an official holiday or official non-working day at the address of the addressee, or at the place where a prescribed act is to be performed, the period is extended until the first following working day in that place. 54

(3) Periods of time expressed in days, weeks, months or years shall begin at 00.00 on the next day and shall end at 24.00 on the last day of the period; but any reply that has to reach the party who set the period must arrive, or other act which is to be done must be completed, by the normal close of business in the relevant place on the last day of the period.