Title
IV.1.3 - Exclusion or modification by the parties
Content
No. IV.1.3 - Exclusion or modification by the parties
The parties may exclude the application of these Principles or derogate from or vary the effect of any of their provisions, unless otherwise provided in these Principles.Commentary
1 This Principle is a natural consequence of another, more fundamental principle, the one on
party autonomy. The parties' agreement to derogate from or exclude the TransLex-Principles in part or in toto may be express or implied. It is implied when the parties agree on contract terms which are inconsistent with rules or principles contained in the TransLex-Principles.
2 The Parties may not derogate from or exclude those provisions of the TransLex-Principles which are mandatory, such as the principle of
good faith and fair dealing.
References
International Legislation
Fontaine, Marcel, OHADA Uniform Act On Contract Law Preliminary DraftPrinciples / Restatements
UNIDROIT Principles of International Commercial Contracts 2016