Template of clause providing for the exception of non-performance, intended to be inserted in an autonomous international contract (contract without law). This clause is essentially reminiscent of French ordinary law. It is not useful when the contract is governed by French law.
By Franck BEAUDOIN, avocat (attorney-at-law registered in France)
Published on droit.co on 1st December 2021
EXCEPTION OF NON-PERFORMANCE
A party may refuse to perform its obligation, even though it is due, if the other party does not perform its obligation and if such non-performance is sufficiently serious.
A party may suspend performance of its obligation if it is clear that its co-contractor will not perform by the due date and the consequences of such non-performance are sufficiently serious for the said party. Such suspension must be notified as soon as possible.
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