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
Spot-checked
In force from 15 December 2010
Source page 72