The Exception of Non-performance and its Role in Debt Assignments

Maria Căzănel ()
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Maria Căzănel: Ovidius University of Constanța

Ovidius University Annals, Economic Sciences Series, 2016, vol. XVI, issue 2, 6-9

Abstract: Debt assignments have the effect of assigning a new creditor in the legal position of the creditorassignor, i.e. the right to claim, with all its accessories and warranties, in the same legalconditions, enforceable against all exceptions of the assignor, even the personal ones. Thus, theassignee is entitled to invoke the exception of breach of contract/non-performance, where the ratioof obligations originally derived from a mutually binding contract and the contractual partnerrefuses to fulfill the performance that was required. Invocation of exceptio non adimpleticontractus does not result in termination of the legal relationship of obligations, but only to itssuspension as a means to compel the debtor to fulfill the obligation assumed.

Keywords: assignment of a debt/debt assignment; exception of non-performance; assignee; assignor; assigned debtor (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Date: 2016
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