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Comparative Analysis between the Exception of the Non-performance of the Contract and Its Retroactive Termination

Author

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  • Cãzãnel Maria

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

Abstract

In order to understand thoroughly the exception of the non-performance of the contract, it is necessary to underline the similarities and differences that shape the legal regime of this exception and the retroactive termination of contracts. In this regard, we note that the common legal basis is represented by the reciprocity and interdependence of the obligations incumbent on the contracting parties, by the fact that each mutual obligation represents the other’s legal cause. Both the exception of non-performance and the retroactive termination or cancellation have the same legal grounds: the idea of purpose, the principle of binding force and the idea of fault. In addition to these items, the exception of non-performance is characterized by the simultaneous execution of the obligations arising from synallagmatic conventions.

Suggested Citation

  • Cãzãnel Maria, 2014. "Comparative Analysis between the Exception of the Non-performance of the Contract and Its Retroactive Termination," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(2), pages 7-12, May.
    • Handle: RePEc:ovi:oviste:v:xiv:y:2014:i:2:p:7-12
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    More about this item

    Keywords

    contract; exception of non-performance; civil obligations; retroactive termination;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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