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The Exception for the Non-Performance of Contracts and the Exception for the Compensation of Claims and Related Liabilities

Author

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  • Cãzãnel Maria

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

Abstract

The compensation of claims and related liabilities is an institution consecrated by the French jurisprudence and it can operate without having met all the conditions set by the law for the legal compensation. This form of connection encountered in the field of obligation relationships in business law is admitted on the idea of a connection between certain claims and liabilities, being circumscribed, at first, to the obligational relationships arising from the same synallagmatic contract. In this study, we analyze this legal mechanism in comparison with the exception for the non-performance of the contract, which also functions as a warranty for the creditor which did not fulfill its contractual obligations.

Suggested Citation

  • Cãzãnel Maria, 2013. "The Exception for the Non-Performance of Contracts and the Exception for the Compensation of Claims and Related Liabilities," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(2), pages 21-24, May.
  • Handle: RePEc:ovi:oviste:v:xiii:y:2013:i:2:p:21-24
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    More about this item

    Keywords

    contract; exception for non-performance; claim; compensation; related liabilities.;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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