Template of clause relating to the non-performance of the contract, 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
NON-PERFORMANCE OF THE CONTRACT
The party to whom the commitment has not been performed, or has been imperfectly executed, may:
– refuse to perform or suspend the performance of its own obligation;
– continue the enforcement in kind of the obligation;
– obtain a price reduction;
– cause the contract to be terminated;
– obtain compensation for the consequences of non-performance.
Sanctions that are not incompatible may be cumulated; damages may always be added.
© FB Juris / droit.co