Antizipierter Vertragsbruch

The condition of anticipated breach of contract is present if it becomes almost certain before the due date that the debtor will not fulfill the contract as agreed. Accordingly, the creditor can invoke the options provided in Article 107, Paragraph 2 of the Swiss Code of Obligations even before the due date.

As the first monograph, the dissertation analyzes the duality of the condition and illustrates it with various case examples. Additionally, a comprehensive examination of the possible legal consequences of anticipated breach of contract is conducted. Solutions are proposed in cases where the creditor does not declare an early withdrawal from the contract but instead insists on the performance claim or waives the debtor's performance while asserting the positive interest.