News
A notice to comply is to be addressed to a party which is already defaulting
- 03/07/2018
By Judgement no. 15052 of 11th June 2018, the Court of Cassation has stated that a notice to comply is to be addressed only to a party who is already defaulting. Such notice cannot be sent before the expiry of the term for the performance of a contract.
In the case at issue, the Court of Appeal had ascertained that a preliminary contract of sale was to be considered terminated on the ground that the term for the payment of the second installment, as set out in the notice to comply, was already expired. But the Court of Appeal had wrongly omitted to verify whether or not the buyer was already defaulting at the moment when the notice was served.
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