Unofficial translaction
paymentofinterestcalculated at the legal interest rate, without prejudice to possible damages due
to othercauses.
Interest shall accrue from themailing of the formal notice sent by the seller to the buyer by
registered letter with acknowledgement of receipt or by any other equivalent means.
ARTICLE 292-When the contract is breached and that the buyer went ahead and bought
substitutes, he may obtain compensation corresponding to the difference between the purchase
price of substitutes and the price agreed in the contract, as well as all other damages due to
another cause.
When the contract is breached and the seller proceeded with the resale of the goods, he may
receive damages corresponding to the difference between the agreed contract price and the
resale price, as well as all other damages due to another cause.
ARTICLE 293-The party which invokes a non-execution of the obligations of the contract
shall takeall reasonable measures in light of thecircumstances to limit losses, or keep his gains.
Failing to do so, the defaulting party may request a reduction of damages equal to the amount of
losses that could have been avoided and the gain that could have been achieved.
CHAPTER V: EXEMPTION FROM LIABILITY
ARTICLE 294– A party may not be liable for non-execution of one of any of his
obligationswhere he provesthathis non-performance was duetoan impediment beyond his control,
such as an act of a third party or a case of force majeure. A case of force majeure shall be any
impediment that is beyond a party’s control and the occurance or consequeces of which no-one
could have reasonably foreseen.
ARTICLE 295– When a non-execution of one of the parties is due to an act of a third party
which has been put in charge of executing part or the entire contract by such party, he shall not
be exempted from liability.
CHAPTER VI: TERMINATION OF THE CONTRACT
ARTICLE 296- The termination of the contract shall release the parties from their obligations
but shall not exemptthem from potential damages.
It shall have no effect on the terms of the contract relating to the settlement of disputes or to
rights and obligations of the parties in case of termination.
ARTICLE 297-The party who executed part or all his obligations may be refunded by the
OHADA / Uniform Act / Unofficial Translations
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