The creditor of an obligation may, after formal notice, pursue its performance in kind unless such performance is impossible or there is a manifest disproportion between its cost to the debtor in good faith and its benefit to the creditor.
After formal notice, the creditor may also, within a reasonable time and at a reasonable cost, himself enforce the obligation or, with the prior authorisation of the court, destroy what has been done in breach of it. He may ask the debtor to reimburse the sums incurred for this purpose. He may also request in court that the debtor advance the sums necessary for such performance or destruction.
In the event of imperfect performance of the service, the creditor may, after formal notice and if he has not yet paid for all or part of the service, notify the debtor as soon as possible of his decision to reduce the price proportionately. The debtor’s acceptance of the creditor’s decision to reduce the price must be in writing. If the creditor has already paid, in the absence of an…
Termination results either from the application of a resolutory clause or, in the event of sufficiently serious non-performance, from notification by the creditor to the debtor or from a court decision.
The resolutory clause specifies the undertakings whose non-performance will result in the termination of the contract. The resolution is subject to an unsuccessful formal notice, if it has not been agreed that this would result from the sole fact of non-performance. The formal notice is only effective if it expressly mentions the resolutory clause.
The creditor may, at his own risk, rescind the contract by notice. Except in emergencies, it must first give formal notice to the defaulting debtor to fulfil its undertaking within a reasonable period. The formal notice shall expressly state that if the debtor fails to meet its obligation, the creditor will be entitled to rescind the contract. Where non-performance persists, the creditor notifies the debtor of the termination of the…
In any event, termination may be requested in court.
Depending on the circumstances, the court may declare the contract null and void or order its performance, possibly granting the debtor a time limit, or award only damages.
Resolution terminates the contract. Resolution takes effect, depending on the case, either under the conditions provided for by the resolutory clause, or on the date of receipt by the debtor of the notification made by the creditor, or on the date fixed by the judge or, failing that, on the date of the summons to appear in court. Where the services exchanged could only find their usefulness through the full…
Termination does not affect dispute settlement clauses or clauses intended to be effective even in the event of termination, such as confidentiality and non-competition clauses.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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