Article 406.1: Recovery of losses arising out of contractual circumstances

1. The Parties may, in their course of doing business, provide for an obligation on one party to compensate the property losses of the other party are arising in the event of the occurrence of circumstances defined in such an agreement and not relating to the breach of an obligation by its party (loss caused by the inability to perform, prior to the performance of the obligation) The extent of claims by third parties or public authorities against a party or against a third person referred to in the agreement, etc.) must be determined by agreement between the parties. 2. The court may not reduce the amount of compensation for losses provided for in this article unless it has been proved that the party intentionally contributed to the loss. 3. Losses arising under this article shall be compensated irrespective of whether the contract has been declared uncontracted or invalid, unless otherwise provided for in the agreement of the Party concerned. In the case of a loss arising out of the wrongful acts of a third party, the creditor ' s claim for damages to that third party shall be transferred to the party making the loss. 5. The rules of this article shall also apply where a condition of compensation for losses is provided for in a corporate contract or in a contract for the disposition of shares or shares in the fixed capital of ho A civil society to which a natural person is a party.