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The Common Historical Basis of the Exception for the Non-Performance and Termination of Contracts

Author

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  • Cãzãnel Maria

    (”Ovidius” University of Constanta The Faculty of Law and Administrative Sciences)

Abstract

The exception for the non-performance of contracts is a legal institution that has a wide practical application but which, in the absence of express provisions in the Romanian Civil Code from 1865, could not be considered as a whole, giving rise, over time, to many theoretical controversies. The appropriateness of this mechanism is shaded by the jurisprudence, with varying interpretations, as its legal basis is not yet discerned with certainty, being considered by some authors as an indirect way of execution. Therefore, it is extremely difficult to perform a thorough and original analysis of this legal mechanism, whose origins are uncertain, but which has a common historical foundation with the exception for the termination of the contract, as we show in this study.

Suggested Citation

  • Cãzãnel Maria, 2013. "The Common Historical Basis of the Exception for the Non-Performance and Termination of Contracts," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(2), pages 17-20, May.
    • Handle: RePEc:ovi:oviste:v:xiii:y:2013:i:2:p:17-20
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    More about this item

    Keywords

    contract termination; exception for non-performance; civil obligations; good faith.;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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