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10.5593/sgemsocial2018H/11/S02.040

SUSPENDING THE PERFORMANCE OF OBLIGATIONS BY INVOKING CONTRACT NON-PERFORMANCE

M. Cazanel
Tuesday 10 April 2018 by lib_admin

References: 5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018, www.sgemvienna.org, SGEM2018 Vienna ART Conference Proceedings, ISBN 978-619-7408-30-0 / ISSN 2367-5659, 19 - 21 March, 2018, Vol. 5, Issue 1.1; 309-316 pp, DOI: 10.5593/sgemsocial2018H/11/S02.040

ABSTRACT

In the doctrine and judicial practice, it has been stated that the performance of the obligations stipulated in synallagmatic contracts must be made simultaneously by both parties. Therefore, the refusal of one of the contracting parties to perform its own obligations breaks the balance that must exist between the reciprocal performances of synallagmatic contracts so that the other party is also entitled to cease performing its own obligations.
Thus, the exception of non-performance consists in the possibility for the party to a synallagmatic contract not to perform its own obligation, as long as the other contracting party does not execute its obligation. Therefore, the exception of non-performance suspends the performance of the claimant and the contract remains temporarily unperformed.
In this situation, exceptio non adimpleti contractus is a means of pressure exerted by one of the contracting parties on the other party in order to determine it to perform its own obligation. The suspensive effect lasts until the party that claims the excipiens to perform its obligation, without having performed its own obligation, changes its attitude and starts to perform the obligation that is incumbent upon it.

Keywords: contract, obligations, exception of non-performance, suspension.


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