The Structure, Characters and Effects of Legal Rights Potestative

Maria Cãzãnel ()
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Maria Cãzãnel: Ovidius University of Constan?a Faculty of Law and Administrative Sciences

Ovidius University Annals, Economic Sciences Series, 2015, vol. XV, issue 2, 22-25

Abstract: Potestative rights constitute a heterogeneous category, as some are patrimonial property rights and others are not. Some are related to certain nonancillary rights in rem, others are related to claim rights. The legal mechanism of the exception for the non-performance contract resembles that of potestative duties, given that they are exercised by the unilateral will of the holder as interference in the sphere of legal interests of the passive subject. However, the two legal institutions are set apart by a number of fundamental differences. The exception for the non-performance contract is a sanction, available only to the contracting party which, simply by invoking the exception, can block the appeal made in court by the contractual partner (which has not executed its obligation), due to the fact that it forces the party, invoking the exception, to follow the provisions of the contract.

Keywords: contract; potestative rights; joinder; exception of a non-performed contract. (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Date: 2015
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