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This commentary focuses on Article 5.3.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contracting party's interference with the fulfilment of a condition. If fulfilment of a condition is prevented by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that party may not rely on the non-fulfilment of the condition. If fulfilment of a condition is brought about by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that party may not rely on the fulfilment of the condition. This commentary also discusses duty to use all reasonable efforts to cause the condition to be fulfilled and remedies for interference with the fulfilment of a condition.

Section 5.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with conditional obligations and conditional contracts. It consists of five articles concerned with five basic issues: the types of condition covered by Section 5.3, the effects of such conditions, interference with conditions, the duty to preserve rights pending the fulfilment of conditions, and restitution for the fulfilment of ‘resolutive conditions’. The introduction of a Section on conditions is in line with the approach taken by a number of legal systems that have well-settled and codified rules on the topic. Such rules have a long lineage in the European legal tradition that can be traced back to Roman law.