Tuesday, May 3, 2011

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- Contracts. Supply contract. Stay of execution for failure to supply the other party to any delay in paying the price. Exceptio non adimpleti contractus. Criminal

Supreme Court Decision of March 11, 2011.

SECOND. It follows from the judgments of the two instances Pottery MMM, SL, having taken the decision to suspend the supply for the relative lateness in paying the price, expressed readiness to resume if the applicant paid to ensuring good securities that surrender.
The Provincial Court in its ruling argued that the "delays paying the price in fully justify, in accordance with good faith, the obligation to provide guarantees, "even though the same had not been agreed.
I. In the first ground of appeal, WWW, SL states as the rules violated in the sentence appeal, the provisions of Articles 58 of the Code of Commerce, 1,258 and 1,828 of the Civil Code, arguing that the principle of good faith the performance and interpretation of the contracts did not cover the possibility of unilateral modification and therefore did not justify Pottery MMM, SL impose an obligation to ensure the success of the notes handed him in exchange for each one of its unique features, since, as the Court of Appeal, was not the parties agreed to create the "lex privata" or contractual regulations which must adapt their behavior.
II. To decide the issue has assumed that what the Court of Appeal said it is not - or not so much - that the supplier may require the appellant now to ensure the successful completion of payment promises embodied in the promissory notes give him - which, really, had not agreed - but the suspension was justified by supply prior non-compliance by the required payment of the price of regulation contract initially created.
III. The plea must be rejected.

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