Fundamental Non-performance

Fundamental Non-performance in Europe

Fundamental Non-performance (in European Private Law)

In this context, this may be a concept of the term: A non-performance of a contractual obligation is fundamental if (a) it substantially deprives the creditor of what the creditor was entitled to expect under the contract, as applied to the whole or relevant part of the performance, unless at the time of conclusion of the contract the debtor did not foresee and could not reasonably be expected to have foreseen that result or (b) it is intentional or reckless and gives the creditor reason to believe that the debtor's future performance cannot be relied on.

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  • Private Law

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