This guide will explain how to terminate a contract for default, a contract on request or initiative of the defaulting party that resolves failure of the other party. In this form of contract, the constituent elements are represented by the conclusion of the contract and its performance failure.

If one of the two shares did not perform the obligations under the contract , the other party may proceed in two different ways, or seeking the fulfillment of the contract or its resolution, especially if you are interested in the service in question, bearing in mind, however, that if asks the first resolution, you can not then claim the right of fulfillment, even if it will be, however, the compensation established for the damage suffered, according to the Article 1453, which imputes guilt to the debtor, even though the alleged.

The judge will determine whether the breach was relevant before terminate the contract. However, you can also proceed without judicial intervention . In this case, you can have three solutions: the notice to comply , by which the citing may order the other party to perform an obligation in a period of fifteen days, if not, the contract is rescinded. You can then proceed with the termination clause, in which the termination of the contract is an agreement agreed. Finally, the essential term states that the contract is rescinded its expiry if by that date the obligation has not been maintained, except that the contractor of his will prolong the term of the contractual deadline.


When you are facing a failure, you can take advantage of the Judicial intervention is therefore is proceeding in accordance with the party. The compulsory fulfillment is not mandatory only in a situation where you have performed the work in question. Otherwise, the default will make use of the right of the exception of non-compliance , which is a private form of self-defense, via which you can fail the obligation if the other party decides not to perform it at the same time or it clearly manifests the intention. This exception, however, is no longer valid if the two provide cadenza several times and when the refusal to work is not in good faith ..