José Luis Cabello, Litigator at ONTIER Spain, writes about 'Cases of Foreseeable and Anticipated Termination upon Breach' for Diario La Ley.
In a framework of contractual termination, if the reciprocal obligations - or those identified by the parties as being terminated in the event of non-performance - have a specified period or term for their fulfilment, as a general rule, the concurrence of non-performance may not be invoked until the agreed time has elapsed.
However, when it becomes evident that the obligor will not comply either because it has expressly stated so, or because it is not possible - being imputable to the debtor- for chronological reasons, it will be in accordance with law, according to the Supreme Court, to request the termination of the contract before the expiration of the agreed term. The concurrence of these cases is what the jurisprudence of the Supreme Court has come to denominate 'foreseeable and anticipated termination upon breach' and constitutes the object of analysis of this article.
Here you can check out the full article (SP only):