Compliance with conditions (and closing schedule). After the contract is signed, the terms of the conclusion must be met. Finally, the question of whether a condition is met is open to interpretation, the extent and extent of the facts or efforts required depends on what the parties (or counsel on their behalf) have agreed. This agreement is contingent on the fact that the worker made reasonable efforts to obtain from his current employer that he waive the non-competition obligation in his employment contract. [1] This commonly accepted principle appears under number I.7 in Lex Mercatoria`s CENTRAL list of principles, rules and standards (click here for the full list of principles). The list is included in Willem Wiggers, International Trade Law – Source Materials, Kluwer 2006. Reasonable conditions effort and loyalty. Most conditions require a party to commit to a particular fact or event. This would mean that this party also has the power to prevent the satisfaction of a condition. This is not true: European legal systems require such a party to make reasonable efforts to achieve agreed results, the principle of good faith (or a similar concept -. B for example, no abuse of rights). The specific impact of this general principle and the specific measures required in the context depend largely on the circumstances of the case. However, it is clear that a party cannot sit and wait for the expiry of time: a condition that depended on the efforts of the party entitled to use it is valid and enforceable only if that party can prove that it has done what can reasonably be expected of it to be met.
Since the principle of good faith naturally depends on the particularities of the case, it is not always possible to predict the level of effort actually required. This does not nefare that the parties may be able to determine the minimum effort expected or the specific steps that must be taken by a party in order for it to invoke the condition. Therefore, a general contractual clause providing that the parties make the best efforts to meet the conditions (within an agreed time frame) is as such superfluous: it adds nothing to what the law requires.