PhD student: Mrs S.H.D. Jansen

Promotors: Mrs Prof S. Stijns, Prof P. Wéry

Duration: 1/2/2011 - 31/1/2015

PhD defence: Leuven, 16/6/2015

Abstract:

Price reduction is not considered, at first sight, a remedy for breach of contract or frustration in Belgian law. Nevertheless, price reduction as a remedy is widely known: in article 50 of the CISG, in Dutch law, in the European initiatives of harmonization of Private law, First, we\'ll discuss specific applications (in contract-law, insurance-law) of price reduction as a remedy for partial failure to fulfill obligations in situations of frustration and of imputable default. Further, we have to search for the principle which underlies the \'remedy of price reduction\' (such as partial avoidance, the ENAC, good faith/equity, abuse of law). Thirdly, we check whether it is possible to induce from these concrete applications and principle(s) a general application of price reduction to redirect contracts. Lastly, it is important to verify the utility of price reduction as a remedy in light of general principles of civil law