Resolution for infringement of contract La resolución por incumplimiento de contrato

Abstract

This article refers to the “tacit resolutive condition” foreseen in the article 1009 of the Civil Code, which does not constitute a true condition, since it has important differences with the resolutive condition that appears regulated in the same legal text. It is a sui generis form of extinction of the obligation, which can be located in the regime of contractual ineffectiveness. In general, it is based on the non-compliance of one party, compared to another that complies or agrees to comply with what is incumbent upon it, although this rule does not have an absolute scope, since in our legal system we can find various cases in which It is appropriate to demand the termination of the contract despite the fact that the plaintiff has not complied with its obligation.