Comparative Analysis between the Exception of the Non-performance of the Contract and Its Retroactive Termination
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 2, 7-12
Abstract:
In order to understand thoroughly the exception of the non-performance of the contract, it is necessary to underline the similarities and differences that shape the legal regime of this exception and the retroactive termination of contracts. In this regard, we note that the common legal basis is represented by the reciprocity and interdependence of the obligations incumbent on the contracting parties, by the fact that each mutual obligation represents the other’s legal cause. Both the exception of non-performance and the retroactive termination or cancellation have the same legal grounds: the idea of purpose, the principle of binding force and the idea of fault. In addition to these items, the exception of non-performance is characterized by the simultaneous execution of the obligations arising from synallagmatic conventions.
Keywords: contract; exception of non-performance; civil obligations; retroactive termination (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% ... 4%20issue_2_2014.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:2:p:7-12
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 ().