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The Functions of the Exception for the Non-performance of the Civil Contract

Author

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  • Cãzãnel Maria

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

Abstract

From a legal perspective, a contract has the binding force of law between the parties, so that problems arise when the obligor fails to fulfill its obligations, breaking the principle "pacta sunt servanda" and creating an imbalance between the contracting parties, in relation to the other contractor which has fulfilled its obligations or which is ready to fulfill them. Therefore, the exception for the non-performance of the contract is a legal institution that enjoys a broad practical applicability because, along with the termination of the contract, it has true remedies of non-performance, i.e. rights of the creditor for any non-performance of the obligor’s obligations. By analyzing the legal bases of the exception for the non-performance, I am going to reveal its functions, which determine the effectiveness of the legal mechanism, which I will present throughout this article.

Suggested Citation

  • Cãzãnel Maria, 2014. "The Functions of the Exception for the Non-performance of the Civil Contract," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(1), pages 274-278, May.
    • Handle: RePEc:ovi:oviste:v:xiv:y:2014:i:1:p:274-278
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    More about this item

    Keywords

    contract; exception for nonperformance; civil obligations; good faith; warranty.;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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