Any party to a contract of commercial sale is entitled to petition for its termination before the competent judge for total or partial non-execution of the obligations of the other party.
However,theseriousness of the conduct of one party to thecontractof commercial sale may justify that the other party unilaterally terminate it at his ownrisk. The severity of the motive of termination shall be weighed by the competent court at the request of the most diligent party.
Irrespective of the seriousness of the conduct, the party who invokes it may be required to comply with a notice period before notifying its unilateral decision to the other party. Absent adequate notice, the author of the termination shall be liable even if the court admits the merits of the termination.
The party that imposes or obtains the termination of the contract may seek further damages in compensation of the loss suffered and the loss of profit stemming immediately and directly from the non-execution.
Unofficial translation
Transcription: Spot-checked
In force from 16-05-2011
Source page 72
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 281 of the Acte uniforme révisé portant sur le droit commercial général/akn/ohada/act/loi/2010-12-15/audcg-2010
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