- I CSK 392/13
- Supreme Court of Poland
REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (POLISH LAW)
FAILURE TO DELIVER A CERTIFICATE - WHETHER IT AMOUNTS TO A FUNDAMENTAL NON PERFORMANCE ENTITLING THE OTHER PARTY TO TERMINATE THE CONTRACT - REFERENCE TO ARTICLE 7.3.1 OF UNIDROIT PRINCIPLES - IN THE CASE AT HAND FUNDAMENTAL NON-PERFORMANCE DENIED
"The parties were in dispute over, among other issues, whether a failure to submit a certificate was an incidental non-performance or a fundamental non-performance allowing the other party to withdraw from the contract. The court found that such failure did not warrant a withdrawal from the contract.
The court stated that legal scholars take the stance that a withdrawal from a contract is allowed only if there is a delay in the performance of a fundamental contractual obligation. In this context, the court referred to Article 7.3.1 of UNIDROIT Principles, according to which a party may terminate a contract where the failure of another party to perform an obligation under the contract amounts to a fundamental non-performance. However, the court did not discuss the rule in detail."
(cf. T. Wardyński / K. Przygoda in "Perspectives in Practice of the UNIDROIT Principles 2016", IBA Publication 2019, p. 268-269)