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Article 6.1.12 applies with appropriate adaptations to the imputation of performance of non-monetary obligations. 

 


COMMENT

 

The problem of imputation of payments normally concerns monetary obligations, but similar difficulties may sometimes occur in relation to obligations of a different nature. Article 6.1.13 provides that the rules governing monetary obligations will apply, with appropriate adaptations also to these cases.

 

Illustration

 

A is performing construction work on several sites in an African country and, through five separate and successive contracts with B, purchases different quantities of cement, all to be delivered in Antwerp on the same date and to be loaded on the same ship. The contracts are similar, except that the third and fifth contracts stipulate very high liquidated damages in the event of late delivery. On account of certain difficulties, B can only deliver part of what it was supposed to. Upon delivery B is entitled to specify that the quantities delivered are to be imputed to the third and fifth contracts.

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