Exercising the Exception of Contract Non-Performance in the Extrajudicial Area

Calafus Sorin ()
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Calafus Sorin: Constanța Bar Association

Ovidius University Annals, Economic Sciences Series, 2017, vol. XVII, issue 1, 26-29

Abstract: The exception of contract non-performance implies that the person exercising it is the debtor ofa due obligation and that s/he has no other reason to refuse to perform his/her contractualobligation than the other party's refusal to perform its correlated obligation. Therefore, exceptionon adimpleti contractus is a preventive remedy, i.e. it prevents the situation where one of thecontracting parties performs its own obligation and can no longer obtain anything from the otherparty.

Keywords: contract; non-performance; exception; co-contractant; excipiens (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Date: 2017
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