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I. Purpose of the provision I. Purpose of the provision
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II. Requirements for the right to terminate II. Requirements for the right to terminate
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1. ‘Prior to the date for performance’ 1. ‘Prior to the date for performance’
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2. Standard of probability 2. Standard of probability
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3. Fundamental non-performance 3. Fundamental non-performance
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4. Notice of termination 4. Notice of termination
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5. No demand for adequate assurance required 5. No demand for adequate assurance required
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6. Examples 6. Examples
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III. Effects of termination III. Effects of termination
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Cite
Abstract
This commentary analyses Article 7.3.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning anticipatory non-performance. Both Arts 7.3.3 and 7.3.4 govern the so-called ‘anticipatory breach’; that is, cases where there are reasons to believe, before the date for performance, that there will be a non-performance by the other party. The purpose of Art 7.3.3 is to equate a fundamental non-performance which is (only) to be expected with a fundamental non-performance which actually occurs at the date of performance. This commentary discusses the requirements for the right to terminate, including a notice of termination, as well as the effects of termination.
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