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Article 22. Notices

(1) Notice means the communication of a juridical act or of information for a juridical purpose.
(2) The notice may be given by any means appropriate to the circumstances unless the law or juridical act imposes a certain formal requirement.
(3) The notice becomes effective when it reaches the addressee, unless it provides for a delayed effect.
(4) The notice reaches the addressee:
a) when it is delivered to the addressee;
b) when it is delivered at the postal address indicated for such purpose by the addressee or, where there is no such indication, at the registered office of the addressee that is a legal person or the at the domicile of the addressee that is a natural person;
c) in the case of a notice transmitted by electronic mail or other means of individual communication, when it can be accessed by the addressee; or
d) when it is otherwise made available to the addressee at such a place and in such a way that the addressee could reasonably be expected to obtain access to it without undue delay.
(5) The notice reaches the addressee upon satisfaction of one of the requirements specified in paragraph (4), whichever is prior.
(6) The notice has no effect if a revocation of it reaches the addressee before or at the same time as the notice.
(7) Any reference in these rules to a notice given by or to a person includes a notice given by or to an agent of that person who has authority to give or receive it.
(8) Any term contrary to the provisions of this Article to the detriment of a consumer is void.
(9) Special legal provisions relating to judicial communications continue to apply.


Annotation:
Author: Octavian Cazac
Published: 23 iulie 2020
Origin of the rule: Art. I. – 1:109 DCFR

 

Article 904. Excuse due to an impediment

Article 10. Exercise of rights and performance of obligations