The Functions of the Exception for the Non-performance of the Civil Contract

Cãzãnel Maria ()
Additional contact information
Cãzãnel Maria: ”Ovidius” University of Constanta The Faculty of Law and Administrative Sciences

Ovidius University Annals, Economic Sciences Series, 2014, vol. XIV, issue 1, 274-278

Abstract: 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.

Keywords: contract; exception for nonperformance; civil obligations; good faith; warranty. (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Date: 2014
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://stec.univ-ovidius.ro/html/anale/RO/cuprins%20rezumate/volum2014p1.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ovi:oviste:v:xiv:y:2014:i:1:p:274-278

Access Statistics for this article

Ovidius University Annals, Economic Sciences Series is currently edited by Spatariu Cerasela

More articles in Ovidius University Annals, Economic Sciences Series from Ovidius University of Constantza, Faculty of Economic Sciences Contact information at EDIRC.
Bibliographic data for series maintained by Gheorghiu Gabriela ().