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Where a party who is obliged to pay money does not do so, the other party may require payment. 

 


COMMENT

 

This Article reflects the generally accepted principle that payment of money which is due under a contractual obligation can always be demanded and, if the demand is not met, enforced by legal action before a court. The term “require” is used in this Article to cover both the demand addressed to the other party and the enforcement, whenever necessary, of such a demand by a court.

 

The Article applies irrespective of the currency in which payment is due or may be made. In other words, the right of the obligee to require payment extends also to cases of payment in a foreign currency. For the determination of the currency in which a monetary obligation is due or payment may be made, see Articles 6.1.9, 6.1.10 and 7.4.12.

 

Exceptionally, the right to require payment of the price of the goods or services to be delivered or rendered may be excluded. This is in particular the case where a usage requires a seller to resell goods which are neither accepted nor paid for by the buyer. For the applicability of usages, see Article 1.9.

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