What if my contracting partner does not perform?

You can claim performance of a contract in court. In some cases, however, performance is no longer desired. Instead, you want to be compensated for the damage caused by the non-performance. Each failure in the performance of an obligation obliges the debtor to repair the damage caused by this failure, unless he cannot be held responsible for it. The debtor is in default if:
– the performance is not permanently impossible; and
– you have given him a written warning granting him a reasonable period for the performance, but he does not render the performance within the reasonable period.

Non-performance allows you to terminate the contract, unless the performance does not justify the termination. You can terminate the contract by written declaration to the debtor or claim termination before the competent court.

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