Today’s Legal Enlightenment (Friday, May 27, 2022)

by | Jun 2, 2022 | Legal Enlightenment | 0 comments

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Today’s Legal Enlightenment (Friday, May 27, 2022) – “THE DIFFERENCE BETWEEN NOODTOESTAND AND ONGEOORLOOFDE OORZAK”

Noodtostand (a coercive condition that has arisen not due to human actions) as regulated in Articles 1244 and 1245 BW is assessed at the time of execution of the agreement. Meanwhile, there is an ongeoorloofde oorzaak (prohibited cause) which is regulated in Article 1335 in conjunction with Article 1337 in conjunction with Article 1320 BW was assessed at the time the agreement was made, so according to the law, “noodtoestand” does not constitute “ongeoorloofde oorzaak”.

Supreme Court Decision No. 1180 K/Sip/1971 dated April 12, 1972

Regards,

Fredrik J. Pinakunary


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