Ch.7 Non-performance, s.2: Right to performance, Art.7.2.2

Abstract This commentary analyses Article 7.2.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the right of an aggrieved party to require performance of non-monetary obligations. According to Article 7.2.2, a party may require performance from the other party who does not perform unless: performance is impossible in law or in fact; performance or, where relevant, enforcement is unreasonably burdensome or expensive; the party entitled to performance may reasonably obtain performance from another source; performance is of an exclusively personal character; or the party entitled to performance does not require performance within a reasonable time after it has — or ought to have — become aware of the non-performance. This commentary discusses the conditions and exceptions with respect to the right to require performance of a non-monetary obligation.