If the partner fails to fulfill their obligations, the first step is to determine exactly what the contract stipulates, what was not done, and what outcome you are seeking: the performance of the service, termination of the contract, or recovery of a debt and damages. The remedy depends on the type of obligation, the contractual clauses, and the available evidence.
Check the obligation and collect the documents
Gather the entire contract and its annexes, invoices, receipt records, orders, messages, notifications, and proof of payments. Note the deadlines and your own execution: in syndicated contracts, the conduct of both parties can count. If there is a risk of losing evidence or assets, discuss quickly with a lawyer about the urgent measures permitted by law.
Notification and delay
In many situations, a clear written notice is useful to request enforcement and document the procedure. It indicates the outstanding obligation, the contractual basis, the time period granted if necessary, and the consequences you will be requesting. The Civil Code regulates late payment, but it is not a universally mandatory formality: the debtor may be entitled to late payment in the cases provided for by law or validly agreed upon. Also check the contract clauses and the proof of notification.
What remedies can you ask for
- Execution in the open air of obligation, if it is still possible and useful;
- Resolution or termination, under the law and the contract, if the non-execution justifies termination;
- Damage and interests for the direct and necessary damage caused by the non-execution, with proof of the legal conditions and the amount;
- Interest or penalties, if they are due under the law or the contract.
The resolution usually terminates a contract with one execution, while the termination of a subsequent contract with successive execution ceases to apply. Termination can be requested by the court or, under the Civil Code, declared unilaterally; the resolution clause/commissioning agreement must be carefully examined. A simple notification does not automatically terminate any contract.
Criminal clause and the recovery of a sum
If there is a valid penalty clause, the creditor may demand the agreed penalty without proving the value of the damage, but he must prove the relevant obligation and the relevant default. The accumulation of the penalty with the performance of the benefit depends on the nature of the clause and the rules of the Civil Code; it is not allowed automatically in any situation. The court may reduce the penalty in the limited cases provided by law.
For a certain, liquid and enforceable monetary claim resulting from a contract, the order for payment may be a suitable procedure if the legal conditions are met and the claim can be proven by documents. If there are serious defenses or complex evidence is required, a common law action may be necessary. Forced execution is usually carried out only on the basis of an enforceable title and by a judicial executor.
What to do before choosing the procedure
Compare the costs and time of each option with the value of the claim and the actual chances of recovery. Keep the communication in writing and avoid suspending your own performance or declaring the contract terminated before checking your right to do so. For legal analysis, see the page of assistance in commercial and contractual disputes.
Official texts: Civil Code, In particular, the provisions regarding the execution of obligations, late payment, damages, interest and resolution/termination.
General information, not legal advice for an individual contract. Check the documents and deadlines applicable to the specific situation.
