Cross-Border Recognition of Formalized Same-Sex Relationships in Europe : The Role of Ordre Public in the Baltic States and Poland
Abstract: When a contract is reversed the principal rule under Swedish law is that each performance is to be returned, i.e. the object of the contract should be returned in kind and any monies received repaid. This is the case following avoidance according to the Sales of Goods Act, invalidity according to the Contracts Act and for recovery in bankruptcy under the Bankruptcy Act. If, however, the object of the contract cannot be returned in kind the consequence is usually the payment of value compensation, or, in some cases, a prohibition of reversal. This study in law gives account for these, and other, consequences of reversal. The fundamental conflict of the study is between the actual object and the value it represents.How should value compensation be viewed – is it in fact a representation of the object itself meaning that any compensation has to cover a repurchase of the object and if so at what particular time? Or is value compensation a stand-alone issue? How does value compensation relate to unjust enrichment and damages? Could other ways to determine the amount of compensation be used? What is actually at stake when determining the value compensation? In this critical legal study of value compensation following a reversal of a contract, all of these questions are discussed.
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