La résiliation unilatérale ou les joies de l’exégèse
JUTRAS, D., « La résiliation unilatérale ou les joies de l’exégèse » (2002) Can.B.Rev. 153-170.
In the civil law, contracts of successive performance may be interrupted in a number of ways. Among those, the interruption that is initiated unilaterally by one of the parties is subject to distinct regimes which flow from the circumstances of the interruption. Moving beyond the fluctuating terminology of the civil law in this field, the author examines three different types of unilateral repudiation of the contract: a party’s decision to put an end to the contract may constitute an in execution of its obligations; it may be a remedy for the other party’s failure; or it may be the exercise of a prerogative. This typology is explored here in relation to three nominate contracts: the contract of employment, the contract of enterprise, and the contract of mandate.
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