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THE RESOLUTION OF A CONTRACT FOR FAILURE

Meaning: is the situation where the contract at the request or initiative of the performing party for breach of the Other Party is resolved
The hypothesis stated by art. 1453 DC responds to the interests of legal logic and common sense.
It is clear that if a party has performed his obligations, he expects that the other do likewise, given the continuing of the failure of a party, the other "performing" in front of two roads himself

1. demand performance of the contract;
2. rescind the contract.

If, in fact, that the other benefit is still possible, you can still have an interest in its execution, but if the infringement is continuing to lose confidence in the contractor or the interest her performance, the performing party may request to dissolve the bond by requesting the court to terminate the contract.
This power of choice, however, is not without limits. Article. 1453 establishes a principle.
asked if the performance then you can always ask for the resolution, but if it were made before the resolution is not possible demand performance
The reasons for this limitation are intuitive, but whatever the choice, the performing party will necessarily damages suffered as a behavior of the other party.
Article. 1453 has, in fact, that it damages "in any case," referring, that is, both cases of request fulfillment, both cases of termination, unless the damage has actually occurred.
Bear in mind, however, another important aspect concerning the termination of the contract;
Code art. 1453 speaks precisely of non-compliance in order to have resolution, implying that this failure must be due to the fault of the debtor and therefore in the absence of fault of the debtor, you can not ask for the resolution, and, of course, obtain damages, that is premised on precisely the fault of the debtor, which, however, it is alleged (see Cass. Civ. n.2853/2005)
at this point, however, you can have two situations in the first performance is still possible, and then it is just a delay in 'performance for reasons not attributable to the debtor, which must still perform his performance, albeit late in the second case the failure may be permanent, and then the other party, except that it must still perform his performance, it may require the termination of the contract pursuant to art. 1463 cc that was impossible.
summarize, then, that leads to the specific details of the resolution.

1. must be attributed;
2. must be substantial.

On the second point, in fact, art. DC 1455 provides that:
the contract can not be solved if the failure of either party has taken of the interests of the minor
assumptions similar to this article. 1455 cc is that multilateral agreements in respect of the failure, as can be to society.
sets, in fact, art. 1459 cc in these contracts that the failure of a party does not involve the termination of the contract, unless the performance Failure should not be considered essential.
. The ruling resolves the contract effective manner, creating a new legal situation by eliminating the contractual relationship;
According to art. 1458 cc In addition, the resolution between the parties retroactive, meaning that the parties must restore what they have received, such a solution, however, it would be inequitable or difficult to implement in certain situations, so that does not apply to contracts to be performed permanently or periodically.
In any case, the resolution does not prejudice the rights acquired by third parties even if, for movable property, they were not in good faith at the time of purchase, whereas for real estate you look at the priorities of the transcript.
So far we have talked about judicial resolution, but the contract can be resolved without the intervention of the court of law. We have about three assumptions:
wary to meet: the non-defaulting party may give notice to ATRA the performance in a reasonable period of not less than 15 days. After expiry of the term of the contract will be terminated without right, then further action or court decisions
Express termination clause: The parties may agree that the failure of one or more specific obligations lead to the termination of the contract. The resolution occurs when the lender declares the other to avail itself of the clause
Deadline essential: if the obligation is not fulfilled within the time considered essential to the lender, the contract is automatically terminated on expiry of the term, unless the creditor will require the provision notwithstanding the expiry of the term giving notice to the debtor a notice to be sent within three days

Facing such default, you can protect for termination or 'enforced compliance, but that solution is only required if has performed his services, if, however, has not yet performed his services, the 'non-defaulting "can protect themselves with the exception of non-compliance.
Withholding performance: it is a form of private self-defense. A party may refuse to fulfill its obligation if the other fails to perform or offer to perform at the same time its obligation
Not always, though, you can rely on the exception as it happens in the following cases:

1. were established at different times for the fulfillment of and the other obligation;
2. when the nature of the contract are to be taken at different times for the performance;
3. where refusal to comply with opposing the exception of non-compliance is contrary to good faith.