Interim measures can be put in place to stem future breaches (which assume that the contract has not been terminated). They are only the general legal reasons available in all contracts: they can be qualified or excluded by the agreement itself. For the treaty to be legally binding, it must be either: other sections of the code also require the performance of a contractual obligation. Therefore, if the obligation is the delivery of a particular thing, section 1096 authorizes the creditor to compel the debtor to deliver or, if the matter is indeterminate or general, to demand a defined benefit at the debtor`s expense. Section 1098 provides that the debtor, if he does not do something that he is required to do, is applied at his own expense. The law also allows for the cancellation of something that should not have been done (Article 1099) even at the debtor`s expense. Certain types of agreements, such as purchase and sale contracts, assignments of rights, etc., contain specific rules and corrective measures in the civil and commercial codes for non-compliance. Be sure to check with a lawyer if your specific agreement also has specific remedies in addition to those mentioned above. 2.2 What happens if a party asks me for payment, even if it has not fulfilled its obligation or has done so only partially? In the case of reciprocal commitments, when one party is called upon to fulfil its obligations, if the other party has not, there are two main defences: before accepting the terms of a contract, consider the importance of leaving if the need or desire arises. Another reason you have to terminate a contract is that the other party is no longer able to pay off debts or terminate their contract.
In this case, it may be possible to terminate the insolvency contract. If they do not deal with a critical element of the contract or a critical deadline, this may also be a valid reason for termination. This is called the “end of cause.” We advise them on contractual disputes relating to commercial and commercial transactions, such as.B.: if the infringement results in a dialogue between the parties in order to renegotiate the terms of the contract, they should also ensure that all contract modification requirements are met (see our first guidelines in this series regarding the agreement on contractual changes in the blocking here). The Latin aphorism “pacta sunt servanda” (which has been agreed) is a key principle of the Spanish Civil Code, which explicitly states that “treaty obligations are legally binding between the contracting parties and must be respected on their own terms” (Article 1091 of the Civil Code). Contracts are valid and with simple consent and, from there, they impose not only what has been expressly established, but also the consequences that can be expected depending on their nature, on good faith, general practice and the law. (Article 1.258 CCiv) There are four main avenues for terminating or terminating contracts (there is a difference): in the absence of an explicit force majeure clause, the doctrine of frustration may, in rare cases, apply. This is only the case if the performance of the contract has become physically or economically impossible due to an event beyond the control of the parties or if the contract was entered into radically in relation to what the parties had foreseen at the time of the contract.