The above said (see chapter 7.), the restaurant contract consists of individual elements that provide it on the one hand a continuous character and on the other hand the features of an instantaneous contract133: Regarding the purchase and sale of meals (food and drinks), the contract appears to have an instantaneous character134. However, regarding the meal preparation, the use of table seats and the restaurateur’s services as well as the obligation of readiness and service to the customer throughout the duration of dining, the contract appears to be a continuous one135. The emphasis on continuous exchange of services results in the application of the law of continuous contracts in the part where the restaurant contract has continuous character, that is to say usually in most of its performances except sale136. The above reasoning results in the case of an invalid catering contract maintaining its effects, in case it has already been partially executed, so the invalidity operates only for the future137. Its termination is either for an important reason (extraordinary termination) or even without important reason (ordinary termination) resulting in not producing new obligations138. This of course does not mean that already incurred obligations are no longer owed139. 133 See, in general, Stathopoulos & Karampatzos, supra n. 10, Nos. 37, 38, 125, 240, 285, 301, 302. 134 A contract is, in principle, considered to be fixed or non-continuous if performance and counter-performance are firm and fixed and if performances consist of coherent acts or omissions, even though such acts or omissions may be divided into more than one instalment extended over a certain time period (e.g., in contracts with successive partial performances). 135 In the case of lease of a thing (commodatum), in a contract for services etc., fulfilment has already functioned for a certain period so that for it to be overturned by the retrospective (ab initio) effects (ex tunc) of annulment would conflict with the legal certainty of the transactions. 136 Fixed contracts are subject to termination only for the reasons expressly and restrictively provided for by law, i.e., in case of faulty impossibility of performance [see Article 382 GCC] or debtor’s default (see Art. 383 GCC). Disturbances of fixed contracts with successive partial performances are governed by special regulations (see Art. 386 GCC). No general right of termination for serious grounds is provided for such contracts. Compare Art. 107-108, 102, 97 I OR, §§ 918 et seq., ABGB, Art. 1224, 1217-1218 cc, Art. 1453 CC. 137 Should the execution of the contract have already begun, the right of withdrawal is replaced by the right to terminate. Τhat ‘rescission’ differs from the simple ‘termination notice’ (which also reverses the contract) in that the former has retroactive (ex tunc) effects (e.g., the fruits of the intervening period are returned), while termination notice, which is given only in continuous contracts, such as lease of a thing, a contract for services etc., has force only for the future (ex nunc),which means that for the time up to the termination notice the contract remains in force (and the performances which correspond to that period are retained) and is reversed only for the time thereafter. 138 ‘Serious reason’ for termination of a continuous (standing) contract exists if, considering all the circumstances of the particular case and weighing the interests of both parties, the terminating party cannot reasonably and according to the principle of good faith be demanded to continue the contractual relationship until the agreed termination date. 139 In this case, the termination of the continuous contract, that is, its cancellation only as to the future (ex nunc) remains possible. 91 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
RkJQdWJsaXNoZXIy MTE4NzM5Nw==