Wednesday, January 26, 2011

Electric Generator Rain Cover

THE RESOLUTION OF A CONTRACT FOR FAILURE

Meaning: is the situation where the contract at the request or initiative of the performing party for breach of the Other Party is resolved
The hypothesis stated by art. 1453 cc responds to reasons of legal logic and common sense.
It is clear that if a party has performed his obligations, he expects that the other do likewise, given the continuing of the failure of a party, the other "performing" in front of two roads him:
  1. demand performance of the contract;
  2. rescind the contract.
If, in fact, that the other benefit is still possible, you can still have an interest in its execution, but if the infringement is continuing to lose confidence in the contractor or the interest in his performance, the performing party may request to dissolve the bond by requesting the court to terminate the contract.
This power of choice, however, is not without limits. Article. 1453 establishes a principle.
if called the performance you can always ask then the resolution, but if it were made before the resolution is not possible demand performance
The reasons for this limitation are intuitive, but whatever the choice, performing party will necessarily damages suffered as a behavior of the other party.
Article. 1453 has, in fact, that it damages "in any case," referring, that is, both cases of request fulfillment, both cases of termination, unless the damage has actually occurred.

Bear in mind, however, another important aspect concerning the termination of the contract;
Code art. 1453 speaks precisely of non-compliance in order to have resolution, implying that this failure must be due to the fault of the debtor and therefore in the absence of fault of the debtor, you can not ask for the resolution, and, of course, obtain damages, that is premised on precisely the fault of the debtor, which, however, is presumed (see Cass. Civ. n.2853/2005)
at this point, however, you can have two situations in the first performance is still possible , and then it is just a delay in for reasons not attributable to the debtor, will nevertheless perform his performance, albeit late in the second case the failure may be permanent, and then the other party, except that it must still perform his performance, may rescind the contract pursuant to art. 1463 cc that was impossible.

summarize, then, that leads to the specific details of the resolution.
  1. must be attributed;
  2. must be substantial.
On the second point, in fact, art. DC 1455 provides that:
the contract can not be solved if the failure of either party has taken of the interests of the minor
assumptions similar to this article. 1455 cc is that multilateral agreements in respect of the failure, as can be to society.
sets, in fact, art. 1459 cc in these contracts that the failure of a party does not involve the termination of the contract, unless the non-performance should not be considered essential.

Funbrai Play The Game Parck

over booking air

For those traveling by air, the ' Overbooking is perhaps the most feared risk as it could blow up any last minute holiday. This English word, which is now a permanent entry in the language of tourism, is often translated as "overbooking". Thus transformed loses all the charm and sound of English but at least it becomes much clearer.

In practice this happens, as airlines make predictions on how many passengers (with the ticket) actually arrive at the airport. If you determine that a certain amount of people, despite having paid the flight, do not turn to leave, then the companies decide to sell more tickets than there are actually places on veivolo.

For example: The airline PartodaMilano (which is a great company!) Has a plane in two months from Milan Malpensa to London Gatwick. On veivolo there are a total of 200 seats. After statistics on previous flights, I, who am the owner and CEO of the company, I noticed that 10% of those who buy a ticket and then not show up at departure. Leaving, on average, about twenty free places on the plane. Then I decided that instead of selling 200 tickets for 200 seats, sell 220 tickets for 200 seats. The mechanism is unclear. But it is even easier to imagine what can happen when you have more passengers than expected. Nice catch.

But do not think that this strategy is typical only of low-cost but ... the recent problems with overbooking had them Alitalia, as told by the news loop.

In general, the process of overbooking is not a criminal one. Moreover, this mechanism allows companies to reduce costs due to lost money empty seats possibly making the ticket more competitive. "

How can you avoid the ' Overbooking?
To be sure to leave you must have a boarding pass. For must have a boarding pass check-in. If there are problems of overbooking, you have to check-in before the available places to finish. So before you get better.

And if I stay on the ground and what are my rights?)
"Passengers who are denied boarding are entitled to receive compensation from the airline amounting to:
- 250 EUR for all flights of less than or equal to 1 500 kilometers ;
- EUR 400 for all intra-Community flights of more than 1 500 kilometers and for all other flights between 1 500 and 3 500 kilometers ;
- EUR 600 for all flights not falling under the letters
The company may reduce the amount of compensation by 50% if the passengers are given the opportunity to travel on an alternative flight whose arrival time does not exceed than the originally booked flight, respectively, two, three or four hours. The compensation must be paid in cash, by electronic bank transfer, bank orders or checks or, in agreement with the passenger, in travel vouchers and / or other services, regardless of the price when buying the ticket. In addition, passengers against their will are entitled to a refund of the ticket price or re-routing as well as
• meals and refreshments in relation to the waiting time
• appropriate accommodation, if they are needed one or more nights
• airport transfers the place of accommodation and vice versa
• two telephone calls or messages via telex, fax or e-mail. "

Every occasion is good to go ...