[hibikir]

The complications are about drawing a line about what breaks the agreement and what does not. This is important when both parties rely on a third party to decide who broke the agreement, and justify penalties: Nobody wants uncertainty in front of a judge. In this case, neither Nazi Germany or the USSR really care about those things. If one party went over the line in a non-accidental way, there'd be would be war. It's not as if, when Germany invaded the USSR, some faux argument about the USSR breaking the agreement first would have made a difference whatsoever to third parties.

Therefore, what is best for large, highly militarized sovereign countries that solved their disagreements by trying to utterly destroy the other's regime might not work so well in civil life, where making sure we know exactly how he judiciary will interpret the contract is so important we incorporate in Delaware not just because it's cheap, but because we know how the judge will interpret the legalese.