Article 1802

A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of:

a serious deficiency in his ability to perform or in his creditworthiness; or

his conduct in preparing to perform or in performing the contract.

If the seller has already dispatched the things before the grounds described in the preceding sub-Article become evident, he may prevent the handing over of the things to the buyer even though the buyer holds a document which entitles him to obtain them. The present sub-Article relates only to the rights in the things as between the buyer and the seller.

A party suspending performance, whether before or after dispatch of the things, must immediately give notice of the suspension to the other party and must continue with performance if the other party provides adequate assurance of his performance.