Title

V.1.5 - Costs of performance

Content

No. V.1.5 - Costs of performance

Each party shall bear the costs of performance of its obligations, unless the parties have agreed otherwise.

Commentary

The Principle provides a clear-cut rule for the carrying of the costs of performance. These costs must be carried by the party who performs, unless the parties have agreed otherwise, expressly or by implication. These costs may involve the transport of the goods sold, fees to be paid for the export of goods, bank charges for money transfers etc.

References

International Legislation

Fontaine, Marcel, OHADA Uniform Act On Contract Law Preliminary Draft

National Legislation

French Civil Code 2016Louisiana Civil Code 2015Saudi Arabia Civil Transactions Law - Royal Decree No. M/191, June 18, 2023, official translation

Principles / Restatements

OHADAC principles on international commercial contractsPrinciples of European Contract Law - PECL

Model Laws

Principles of Latin American Contract Law (PLACL)

Contract Clauses

1. Contractual Repartition of Costs of PerformanceEmployment Contract