A performance statement is another form of non-performance. A party states that it renounces any new performance of the contract or refuses to perform an essential aspect of the contract. In this case, the innocent can free himself from any other obligation of benefit. Reciprocal termination or termination of a mutual agreement is a relief of the obligations of a contract between the two parties through a new agreement that was concluded after the execution of the original contract, but before its execution. Resignation by mutual consent is dissociated from the right of one of the parties to terminate or terminate the contract or terminate it, or in accordance with a provision of the contract. The reasons for dismissal under the CCFR are essentially two types. First, there is a basic non-compliance by the debtor, governed by Articles III-3:502 (on termination for non-compliance in principle). Second, what could be described as non-compliance equivalents are governed by the following three articles. It turns out that if the fraud is discovered, the victim can confirm the contract and sue for damages. Instead, he or she may refuse the order to return what he or she has received and recover what has cut off his or her value; However, the adoption of one remedy excludes the other. If one party abandons it and refuses to continue the benefit or if its conduct shows that it rejects the contract, the other party has the power to withdraw.
A disagreement on the contractual terms and a subsequent refusal of a particular benefit by either party does not constitute a resignation justifying a resignation. The performance of an obligation is the performance by the creditor of what must be done under the obligation or not by the debtor, which must not be done (DCFR, III-1:101, paragraph 2). The definition clearly states that „performance“ includes positive and negative obligations. An example of non-performance is a contractor who does not provide sufficient work, equipment or equipment to a project, resulting in a delay until the completion date. Although the performance of each term of the contract is at the heart of a commercial contract, non-compliance is not always contrary to a contract. Contract law allows small businesses and other parties to be able to cancel a contract only as a last resort. In addition, small businesses can generally correct counterparties without terminating the contract or collecting legal fees for legal proceedings. As with all legal matters, consult a lawyer on the best way to do it for your situation.
Another important principle that must be taken into account when analyzing and applying the DCFR articles on benefits and remedies in the event of non-compliance is the principle of autonomy of the parties (DCFR II-1:102), whereby the parties may exclude the application of one of the following rules with respect to contracts or other acts of the rule of law or the rights and obligations that flow from them. or de-gate or changes in their effects, unless otherwise stated.