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Bearing in mind that the term "im-possible" has to be understood in not only the physical sense but in a broader and more practical context, it can be concluded that supervening impossibility corresponds to the doctrine of frustration, because it includes the same features. As can be seen from the short outline of German and French law, impossibility is also known to other systems of law whilst the doctrine of frustration itself is uniquely English.

However, to deal with supervening impossibility other countries have developed different ways and approaches embedded in their legal system. Geschichte - Weltgeschichte - Moderne Geschichte. Psychologie - Allgemeine Psychologie.

Frustration and supervening impossibility / The doctrines of consideration and promissary estoppel

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Table of Contents I. Introduction In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. Impossibility Impossibility occurs not only when performance becomes physically impossible, but when the contract carried out would be radically different from what was originally intended by the parties. It can arise either before or after the contract has been made.

Frustration in English Law Studying the concept of frustration it should be kept in mind that the inability to perform is usually a party's own misfortune and he cannot escape the consequences of not performing unless stipulated so in the contract see Owens, Impossibility in other systems of law The problem of supervening impossibility is treated differently by various systems of law.

French Law The doctrine of frustration itself is unknown to French contract law. German Law In general, the question of impossibility is treated similarly in German and English contract law. Conclusion The above discussion has shown that the doctrine of frustration is by no means easy to apply, especially in regard to the fact that it is an exception to the strict principle of contractual obligations.


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I think we have a similar situation in Art. Maybe you can provide clarification about this point. Thank you for your attention and comments, Philipp. Neither appointments, nor non-appointments under art. In current literature and practice, the appointment of a new Government is considered a complex act.

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Its adoption requires an agreement: In this case, Mattarella refused Savona; Conte the no-longer incoming Premier, backed by the two parties refused to propose alternative names; so no agreement was reached. Of course, every presidential decision must rely on constitutional grounds, and we tried to explain them, in this case.

To put it differently: When would a President "overstep" your word his legal competence?

What are the relevant criteria? In this case, the problem was that the appointment apparently heralded strong tensions, if not infringements, of constitutional principles artt. Therefore, none could take for granted that those political parties proposed Professor Savona as Ministry of Economics and Finance because they had secretly planned to withdraw from the EMU or from the EU.

Why the Italian President’s Decision was Legitimate

Although, without any doubt, under the Italian Constitution, the President is not a public notary, Italy is a parliamentary and not a presidential Republic. Many of your points are a correct complement of what we wrote. So I would reply that the decision was based not on mere hypotheses, but on lingering ambiguities.

Of course, the risk of giving the wrong impression is there. I really wonder what could happen if people not coming from Italy would read the things you write. The President has no constitutional power of veto under article 92, and what he did was a clear abuse of power. Besides, the financial power has no right to influence democracy, and democracy has no right to be influenced by financial power. Last but not the least, none of the two political majority parties wanted to leave the european union nor the euro as a currency.

And this should be clear especially for the readers from abroad who can be cheated by articles who do not give a complete information about the facts. See also here https: Related Posts Politicizing the Federal President. Reviewing the Holocaust Bill: The Polish President and the Constitutional Tribunal.

His gift has been definitively incorporated in the endowment of the university; however, this has not prevented him from giving it. On the contrary, our generous donors-shareholders in the media can at any time threaten to pull out of the business and to re-sell their shares, as is the case today with Le Monde and this is where it hurts. As regards the media, given the need for permanent renewal of the structures, the correct solution would doubtless be an intermediary form between the foundation and the corporation or joint stock company.

For example, with non-profit media organizations NMO , which were suggested by Julia Cage , the contributions of journalists, readers and donors would be treated differentially according to size. Below a specified threshold they would be associated with high voting rights and could possibly be refunded without profit. Beyond this threshold, the contributions would be treated as permanent gifts non-refundable, as at Harvard , and lead to capped voting rights which is more favourable than Harvard. If the billionaires pouring into the media at the moment are as disinterested as they say, then sharing power with journalists, readers and donors who are not as rich as they are should not be a problem.

What is preventing the present majority from adopting a reform of this sort? Perhaps the fear of displeasing the billionaires, and further still, the need to provide the requisite financial means. For, as soon as it is a question of non-refundable gifts, it would be logical to extend to the media the tax reductions applicable to gifts in the educational or medical sector, which has always been refused.