A party may bring an action before the competent court for authorisation to defer the
performance of his obligations where it appears, after a contract has been entered into, that the
other party will not perform a fundamental part of his obligation due to:
1) a serious shortfall in his capacity to execute the contract; or
2) his insolvency; or
3) the manner in which he is preparing to execute or is executing the contract.
Official translation
Spot-checked
In force from 17 April 1997
Source page 61