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The Structure, Characters and Effects of Legal Rights Potestative

Author

Listed:
  • Maria Cãzãnel

    (Ovidius University of Constan?a Faculty of Law and Administrative Sciences)

Abstract

Potestative rights constitute a heterogeneous category, as some are patrimonial property rights and others are not. Some are related to certain nonancillary rights in rem, others are related to claim rights. The legal mechanism of the exception for the non-performance contract resembles that of potestative duties, given that they are exercised by the unilateral will of the holder as interference in the sphere of legal interests of the passive subject. However, the two legal institutions are set apart by a number of fundamental differences. The exception for the non-performance contract is a sanction, available only to the contracting party which, simply by invoking the exception, can block the appeal made in court by the contractual partner (which has not executed its obligation), due to the fact that it forces the party, invoking the exception, to follow the provisions of the contract.

Suggested Citation

  • Maria Cãzãnel, 2015. "The Structure, Characters and Effects of Legal Rights Potestative," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(2), pages 22-25, May.
    • Handle: RePEc:ovi:oviste:v:xv:y:2015:i:2:p:22-25
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    More about this item

    Keywords

    contract; potestative rights; joinder; exception of a non-performed contract.;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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