bluuebunny/crossref_metadata_2025_split huggingface dataset:
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.1.13 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences and rights of set-off. According to Art 9.1.13, the obligor may assert against the assignee all defences that the obligor could assert against the assignor. The obligor may exercise against the assignee any right of set-off available to the obligor against the assignor up to the time notice of assignment of a right was received. The purpose of this provision is to protect the obligor's interests. This commentary discusses the notion of defences with respect to set-off, the time at which the defences come into existence, procedural defences, waiver of defences, remedy available to the assignee. It also considers the scope of application and rationale of Art 9.1.13 regarding rights of set-off, including the requirements, burden of proof, and consequences in the case of notice of set-off.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.1.15 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the undertakings of the assignor with respect to the assignee. According to Art 9.1.15, the assignor undertakes that the assigned right exists at the time of the assignment. This is not the case if, for instance, the contract from which the purported right arises had never been concluded or was void, or had previously been avoided. Similarly, if the obligor had already performed its obligation, the right would no longer exist. If a future right is assigned, no such undertaking exists. Rather, the assignee takes the risk that the future right never comes into existence. This commentary discusses the rule which entitles the assignor to assign the right, assert against the assignee all the defences that the obligor would have been able to assert against the assignor, the right of set-off against the assignee if it was available to the obligor before the notice of assignment of a right was received, and reimbursement of payment by the obligor.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.2.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the modes of transfer of an obligation. Under Art 9.2.1, an obligation to pay money or render other performance may be transferred from one person (the ‘original obligor’) to another person (the ‘new obligor’) in two ways: by an agreement between the original obligor and the new obligor subject to Article 9.2.3, or by an agreement between the obligee and the new obligor, with the new obligor assuming the obligation. This commentary discusses the notion of transfer of an obligation, transfer by agreement, participation of the obligee in the transfer, object of the transfer, and the issue of time in transfer.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.2.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's consent as a requirement for the transfer of an obligation. According to Art 9.2.3, the transfer of an obligation by an agreement between the original obligor and the new obligor requires the consent of the obligee. The reason for this rule is that the change of obligor may considerably affect the obligee's position. Therefore, the change may not be imposed on the obligee. Lack of consent of the obligee, whether it has been refused or not solicited, makes the transfer ineffective. Until the obligee has given its consent or refused it, as the case may be, the agreement between the original obligor and the new obligor is not fully effective and can be said to be ‘in suspense’ or ‘in abeyance’.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.2.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the circumstances under which the original obligor is discharged. According to Art 9.2.5, the obligee may discharge the original obligor or retain the original obligor as an obligor in case the new obligor does not perform properly. Otherwise the original obligor and the new obligor are jointly and severally liable. As a default rule, Art 9.2.5(3), which provides for the joint and several liability of the original and new obligor, applies unless the obligee has agreed to discharge the original obligor by virtue of Art 9.2.5(1) or (2). Art 9.2.5(3) stipulates that the obligee is not required to express a choice. If it remains silent, the default rule of joint and several liability applies. The burden of proof lies with the original obligor to provide persuasive evidence that it has been fully or partially discharged.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.3.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the assignment of contracts and its definition. Under Art 9.3.1, ‘assignment of a contract’ means the transfer by agreement from one person (the ‘assignor’) to another person (the ‘assignee’) of the assignor's rights and obligations arising out of a contract with another person (the ‘other party’). This commentary discusses legal transfers and the ‘no form required’ rule with respect to transfer by agreement between assignor and assignee, as well as the obligee's consent as a requirement for the transferred obligations. It also considers the notion of transfer, object of the transfer, and the issue of time in the transfer.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.3.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning exclusion in the assignment of contracts. Art 9.3.2 clarifies that Section 9.3 of the PICC does not apply to transfers made under special (domestic) rules governing the transfer of contracts in the course of transfer of business. These types of assignment are generally subject to specific and distinct rules under the applicable domestic law, under which all contracts are transferred under certain conditions in their entirety by operation of law. However, the PICC apply to the transfer of any individual or specific contracts pertaining to the transferred business.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.3.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's advance consent with respect to the assignment of contracts. Article 9.3.3 states that the obligee may give its consent in advance, in which case the assignment of contract becomes effective when a notice of assignment is given to the other party or when the other party acknowledges it. ‘In advance’ means that it can be given before the assignor and the assignee agree on the transfer of contract. The consent can be given before an obligation contained in the contract is due or comes into existence (provided that the contract exists). Notification can be made by either the assignor or the assignee.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.3.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the circumstances under which the assignor (that is, the original obligor with respect to the transferred obligations) is discharged. As a default rule, Art 9.3.5(3) applies, unless the other party has agreed to discharge the assignor under Art 9.3.5(1) or (2). Under Art 9.3.5(3), the assignor and the assignee are jointly and severally liable. Transfer of contracts may involve the transfer of a number of obligations. In this event, the other party may choose to exercise different options in respect of the different obligations. Art 9.3.5(3) does not require the other party to express a choice. If it remains silent, the default rule of joint and several liability applies.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.3.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences and rights of set-off with respect to assignment of contracts. Transfer of contracts typically involve the transfer of both rights and obligations. With regard to defences and set-off, Art 9.3.6 makes reference to the respective provisions in Sections 9.1 and 9.2 of the PICC. Accordingly, Arts 9.1.13 and 9.2.7 apply when a contract is transferred. With regard to the terminology when applying Art 9.2.7 to the transfer of a contract, the assignor of the contract is referred to as the ‘original obligor’, the assignee as the ‘new obligor’, and the other party as the ‘obligee’.
Authors: Mazza Francesca 
Published: June 2017

Abstract
This commentary analyses Article 9.3.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the assignment of contracts that involves an assignment of rights. Transfer of contracts typically involve the transfer of both rights and obligations. With regard to rights transferred with the contract, Art 9.3.7 makes reference to the respective provisions in Sections 9.1 and 9.2 of the PICC. Arts 9.1.14 and 9.2.8 apply accordingly when a contract is transferred. As to the terminology when applying Art 9.2.8 to the transfer of a contract, the assignor of the contract is referred to as the ‘original obligor’, the assignee as the ‘new obligor’, and the other party as the ‘obligee’.
Authors: Wintgen Robert 
Published: June 2017

Abstract
This commentary analyses Article 10.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the suspension of the running of the limitation period by judicial proceedings. Under Art 10.5, the running of the limitation period is suspended when the obligee performs any act, by commencing judicial proceedings or in judicial proceedings already instituted, that is recognised by the law of the court as asserting the obligee's right against the obligor; in the case of the obligor's insolvency when the obligee has asserted its rights in the insolvency proceedings; or in the case of proceedings for dissolution of the entity which is the obligor when the obligee has asserted its rights in the dissolution proceedings. This commentary explains how the commencement of judicial proceedings can affect the running of limitation periods.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of defences on the relationship between the obligee and the obligors. Under Art 11.1.4, a joint and several obligor against whom a claim is made by the obligee may assert all the defences and rights of set-off that are personal to it or that are common to all the co-obligors. However, the obligor may not assert defences or rights of set-off that are personal to one or several of the other co-obligors. This commentary discusses the common defences that the obligor can assert against the obligee, along with personal defences which involve the right to avoid the contract for mistake, fraud, threat, or gross disparity.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of the court's decision as to the liability to the obligee of one joint and several obligor. The obligee can commence judicial or arbitral proceedings against all the obligors together. In that case, the court decision will bind the obligee and all the obligors because they are all parties to the legal proceedings. Under Art 11.1.8(1), a decision by a tribunal (state court or arbitral tribunal) has no effect on the other obligors, neither on their obligations towards the obligee nor on the rights of recourse. This commentary explains the effects of a decision in favour of the obligee and in favour of the obligor.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the extent of contributory claim of the performing obligor against its co-obligors. In a contractual setting, joint and several obligations arise because the obligors obliged themselves by a common commitment towards the obligee or by separate commitments in the knowledge of the commitments of the other obligors. Contribution between joint and several obligors is a generally accepted principle. Art 11.1.10 provides for a personal claim of the performing obligor against its co-obligors. According to this provision, a joint and several obligor who has performed more than its share may claim the excess from any of the other obligors to the extent of each obligor's unperformed share. This commentary considers the obligor's contractual claim to contribution, performance of more than its share, and contribution in money. It also addresses the amount of the contributory claim, costs and interest, duties before performance, and burden of proof relating to contributory claim.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.11 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the right of a performing obligor to benefit from the obligee's rights. If a joint and several obligor, having performed more than its share, can claim contribution under Art 11.1.10, it may additionally exercise the rights of the obligee against the co-obligors. The right of a performing obligor to benefit from the obligee's rights is often called subrogation. The rationale of subrogation is to strengthen the right to contribution: the subrogated obligor can take advantage of all the privileges and securities that the obligee's claim entails and may thus enforce its contributory claim even where the co-obligor has become insolvent. This commentary considers the requirements and extent of subrogation, subrogation into the obligee's claim, subrogation into rights securing performance, the mechanism of subrogation and enforcement, and precedence of obligee's rights in the case of part payment under paragraph 2 of Art 11.1.11.
Introduction to Section 11.2 of the PICC
Authors: Meier Sonja 
Published: June 2017

Abstract
Section 11.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the plurality of obligees in a contractual setting. Where an obligor is bound towards a plurality of obligees, various issues arise. The main questions concern the relationship between the obligees and the obligor, and the relationship between the obligees. Section 11.2 provides for three types of plurality of obligees: separate claims, joint and several claims, and joint claims. This Section appears to be only of limited assistance. Substantial rules are provided only for one type of plurality which is, arguably, rare in practice, namely joint and several claims.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.2.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the allocation of shares between obligees with joint and several claims. Joint and several obligees usually provide for an apportionment so that each obligee has the right to receive its internal share of the obligation. Under Art 11.2.4, joint and several obligees are entitled to equal shares, unless the circumstances indicate otherwise. An obligee who has received more than its share must transfer the excess to the other obligees to the extent of their respective shares. The size of each obligee's share is determined by the contract between the obligees. This commentary considers the measure of apportionment, the obligee's obligation to transfer excess share to the other obligees, and apportionment in other cases.
Introduction to Arts 2.1.1–2.1.14
Authors: Anderson Ross G 
Published: June 2017

Abstract
Chapter 2 of the UNIDROIT Principles of International Commercial Contracts (PICC) contains the core provisions on contract formation. It has two sections: the first deals with offers, acceptances, negotiations, standard terms, and standard firms; the second deals with agency. The fundamental rules on formation of contract which focus on the law of offer and acceptance are provided in Arts 2.1.1–2.1.14. The ‘classical’ model of contract law centres on the parties' agreement to assume obligations with private law consequences, whereas the ‘neoclassical’ model adopts a less strict approach but with a similar focus. This chapter covers contract formation in modern commercial practice, along with provisions relating to electronic signatures, letters of intent, and notices.
Diplomatic Law
Authors: Denza Eileen 
Published: June 2017

Abstract
Diplomatic Law was first published in 1976. The book places each provision of the Convention in its historical context; provides commentary on the application of the Convention by the UK, the US, and other States; and thoroughly examines topical problems in the field including the abuse of diplomatic immunity and terrorist violence. This updated edition also highlights important new trends in the application of the Convention regime. It explores the interaction between State and diplomatic immunity (as shown in the Pinochet case), examines methods of establishing and conducting diplomatic relations under conditions of physical danger, and looks at increased evidence of disregard for the rules of secrecy in diplomatic communications. The book also explores the greater latitude for diplomats to ‘interfere’ in the internal affairs of the receiving State in the interest of protecting human rights and evaluates the impact of adoption of the UN Convention on Jurisdictional Immunities of States and their Property.
Preamble
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter describes the Preamble of the Vienna Convention on Diplomatic Relations set forth by the International Law Commission, the main legal body which promotes the progressive development of international law and oversees its codification. It briefly describes three theories that form as the basis of the statements written at the Preamble —the ‘exterritoriality’ theory, the ‘representative character’ theory, and the ‘functional necessity’ theory. All of these theories heavily influence matters regarding diplomatic privileges and immunities. Ultimately, the Preamble to the Convention has two important legal functions—to state the view of the participating States on the theoretical basis of diplomatic privileges and immunities, and to make explicit the relationship between the Convention and customary international law.
Definitions
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 1 of the Vienna Convention on Diplomatic Relations which defines some of the key terms used in the Convention. The article specifically defines nine terms—(a) head of the mission; (b) members of the mission; (c) members of the staff; (d) members of the diplomatic staff; (e) diplomatic agent; (f) members of the administrative and technical staff; (g) members of the service staff; (h) private servant; and (i) premises of the mission. Definitions (a) to (h) of the Article that concern the various categories of persons whose appointment, privileges, and immunities are prescribed by the Convention are almost entirely formal in character. The last definition, definition (i) premises of the mission, is objective. According to the International Law Commission on their 1958 draft, premises include the buildings or parts of buildings used for the purposes of the mission.
Establishment of Diplomatic Relations
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter analyses the Article 2 of the Vienna Convention on Diplomatic Relations which states that diplomatic relations, and of permanent diplomatic missions, takes place by mutual consent. It outlines the changes and development that led to the formation of the article. The International Law Commission traces the roots of the second article from a state’s right to legation, the right of sending a diplomatic mission to a foreign state. However, in order to determine whether an entity has the ‘right of legation’, it is necessary to determine whether or not it is a State. For most of the Parties of the Convention, the right to conduct diplomatic relations is generally regarded as flowing from recognition as a sovereign State. The chapter describes some instances where recognition plays an important factor in diplomacy, such as the status of Palestine and the Holy See.
Functions of a Diplomatic Mission
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines the development of Article 3 of the Vienna Convention on Diplomatic Relations which provides an overview of the functions of a diplomatic mission. The International Law Commission cites the notions of the diplomat Ernest Mason Satow who states that the functions of a diplomatic mission are to represent the sending State, to protect its interest and those of its nationals, to negotiate with the government of the receiving State, to report the sending government on all matters of importance to it, and to promote friendly relations in general between the States. The chapter looks into the two main points of discussion within the Commission that emerged throughout the Article’s formation: the function of ‘protecting in the receiving State the interests of the sending State and of its nationals’, and the entitlement of diplomatic missions to perform consular functions.
Classes of Heads of Mission
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter analyses Articles 14 and 15 of the Vienna Convention on Diplomatic Relations. Article 14 organizes the heads of the diplomatic of each respective State into three classes, namely: (a) that of ambassadors or nuncios (in the case of the Holy See) accredited to Heads of State and other heads of mission of equivalent rank; (b) that of envoys, ministers and internuncios accredited to Heads of State; and (c) that of chargés d’affaires accredited to Ministers for Foreign Affairs. The Article also makes it clear that there shall be no differentiation between heads of mission by reason of their class. Article 15 further concerns the classes of the heads of mission as it states that the classes to be assigned shall be agreed between the States. The chapter also looks into how the International Law Commission faced the concerns surrounding the classes leading up to the formation of both Articles.
Chargé d’affaires ad Interim
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 19 of the Vienna Convention on Diplomatic Relations which deals with the absence of the head of the diplomatic mission. The Article states that if the post of the head of mission is vacant, or if the head of the mission is unable to perform his duties, a chargé d’affaires ad interim (in charge of matters) shall act provisionally as the head of the mission. The chargé d’affaires ad interim shall be notified by either the head of the mission or by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other body as may be agreed. In addition, the Article also states that any member of the administrative and technical staff may, with consent of the receiving State, be designated by the sending State to be in charge of the mission if there is no member of the diplomatic staff present.