The notion of fundamental non-performance as a prerequisite to contract termination under the Unidroit Principles: the issue of harmony with Arab civil codes

Abstract

This article addresses the concept of fundamental non-performance in light of the Unidroit Principles of International Commercial Contracts and the Arab civil codes. A comparison is made with the criteria drawn up in the Principles for the purpose of exploring the aspects of harmony among the rules of jurisdiction compared. Despite the significant similarities, the notion of fundamental non-performance articulated in the Unidroit Principles is distinct and represents a fair model and reasonable guidance for national legislature and judiciary.