1. TERMINATION NOTICE AND
COMMUNICATION OF THE
TERMINATION NOTICE AND
CONNECTED ISSUES
Gustav Breiter
IDI Conference Vienna 2007

2. Communication of termination notice
Important formalities
Checked by Judges / lawyers
Preliminary question for the case

3. Cross-border contracts
applicable law
Choice of law
“international mandatory” formalities
Conventions
Especially Rome Convention 1980:
Art 9: also applicable to unilateral declarations, law applying to contract or local law (sent communication)

4. Requirements under the applicable law
Statutory provisions (agency/distribution/by analogy?)
Including rules on transmission?
Statutory provision for agency, for example, in Belgium, Czech Republic, France, Hungary, UK
For distribution, for example, in France or Turkey

5. Requirements under the applicable law – some examples
Belgium: registered mail and specified termination notice period, presumption of delivery
Hungary: Art 16: “reasons so that the parties are able to expect indemnity”
Egypt: distribution: “in urgent cases” fax is sufficient
Spain: burofax: registered mail/confirmation of the content

6. Contractual Requirements for the termination notice
Valid under the respective law?
Mutually changed in the past?
Purpose of the clause: proof of delivery, other means sufficient (for example Germany, Austria, not under Estonian law)
Sufficient proof of the written notice (incl. date of delivery): registered mail with return of receipt

7. Thank you for your attention!
Mödling
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Wien
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