THE ESSENTIAL DEFAULT OF CONTRACT AS A SEPARATE CATEGORY OF RESOLUTION DEFAULT IN THE SUPREME COURT JURISPRUDENCE

Abstract

In this paper I will try to analyze the essential default as a separate category of resolution default both from the conceptual point of view and from their legal system. This category is present in European contract law and is based on the STS of 18 November 2013 which provides a new perspective of essential default focus on the creditor satisfaction inquiring into the specific cause or negotio base and applying different criterions to the traditional resolutions defaults based on the main character of the provision, this question has continued on STS 29 January 2014.