The concept of fundamental breach of contract in the civil code

Abstract

The merits of the resolution are not necessarily bound to definite breaches whether because the provision cannot be performed or because the creditor's interest has decreased due to the breach. In view of the obligation model, as a general rule, when the creditor resolves, he or she aims at carrying out his or her interest not as debtor, but in that of a third-party. The breach of the contract authorizing the resolution is the fundamental breach of contract: i) whether because it substantially prevents the creditor from what he or she had the right to expect under the contract, as long as that result can be foreseen by the debtor when undertaking the contract, ii) or because the creditor does not have any reasons to trust the future compliance of his or her debtor, in view of his or her conduct or attitude; iii) or by will of the parties, they expressly and specifically agreed so.