The Functions of the Exception for the Non-performance of the Civil Contract
From a legal perspective, a contract has the binding force of law between the parties, so that problems arise when the obligor fails to fulfill its obligations, breaking the principle "pacta sunt servanda" and creating an imbalance between the contracting parties, in relation to the other contractor which has fulfilled its obligations or which is ready to fulfill them. Therefore, the exception for the non-performance of the contract is a legal institution that enjoys a broad practical applicability because, along with the termination of the contract, it has true remedies of non-performance, i.e. rights of the creditor for any non-performance of the obligor’s obligations. By analyzing the legal bases of the exception for the non-performance, I am going to reveal its functions, which determine the effectiveness of the legal mechanism, which I will present throughout this article.
Year of publication: |
2014
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Authors: | Maria, Cãzãnel |
Published in: |
Ovidius University Annals, Economic Sciences Series. - Facultatea de Ştiinţe Economice, ISSN 1582-9383. - Vol. XIV.2014, 1, p. 274-278
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Publisher: |
Facultatea de Ştiinţe Economice |
Subject: | contract | exception for nonperformance | civil obligations | good faith | warranty |
Saved in:
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