Non-Performing Party Barred from Seeking Contract Termination Based on Counterparty's Breach

A contract dispute arose when a party failed to perform an obligation under a preliminary sales agreement, despite the other party having already executed their corresponding obligation, leading the non-performing party to seek judicial termination of the agreement based on their own non-performance. The court overturned the lower court's decision, reasoning that a party who has not performed their own obligations under a reciprocal contract cannot validly invoke the other party's non-performance as a ground for judicial termination of the contract, as this constitutes an abuse of the right to seek performance.