Acceder
en
es
Recursos de LexDoka
Tabla de contenidos
< Volver

What could I do if I see that one of the parties has breached the provisions of the contract?

Actualizado

What could I do if I see that one of the parties has breached the provisions of the contract?

If you see that one of the parties has breached the provisions of the contract, you can legally claim that it complies with these or, if you deem it appropriate, that it can compensate you for said breach. Indemnities usually consist of financial payments. You would also have the option to terminate the contract if you consider it impossible or unfeasible to make another decision in this regard.

Article 1124 of the Civil Code says it as follows in its first two paragraphs:

The power to resolve the obligations is understood to be implicit in the reciprocal ones, in the event that one of the obligors does not comply with what is incumbent upon him.

The injured party may choose between demanding compliance or termination of the obligation, with compensation for damages and payment of interest in both cases. You may also request the resolution, even after having opted for compliance, when this proves impossible.

Here is an example of breach of contract:

Ana and Pedro sign a contract in which the former agrees to sell her bicycle to the latter for 200 euros. According to the terms of the contract, Ana must deliver the bicycle to Pedro on September 1, and Pedro must pay her the 200 euros on the same date. However, September 1 arrives and Ana does not deliver the bicycle to Pedro. Pedro is ready to pay, but he cannot receive the bike as agreed.

In this situation, Ana has incurred in a contractual breach. You have violated the terms of the contract by not delivering the bicycle on the established date. As a result, Pedro may be entitled to take legal action to seek compensation for the breach. This could include seeking damages, terminating the contract, or seeking a court order to enforce the contract, which could require Ana to surrender the bike or pay agreed compensation.

Related concepts