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The Exception of Non-performance and its Role in Debt Assignments

Author

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  • Maria Căzănel

    (Ovidius University of Constanța)

Abstract

Debt assignments have the effect of assigning a new creditor in the legal position of the creditorassignor, i.e. the right to claim, with all its accessories and warranties, in the same legalconditions, enforceable against all exceptions of the assignor, even the personal ones. Thus, theassignee is entitled to invoke the exception of breach of contract/non-performance, where the ratioof obligations originally derived from a mutually binding contract and the contractual partnerrefuses to fulfill the performance that was required. Invocation of exceptio non adimpleticontractus does not result in termination of the legal relationship of obligations, but only to itssuspension as a means to compel the debtor to fulfill the obligation assumed.

Suggested Citation

  • Maria Căzănel, 2016. "The Exception of Non-performance and its Role in Debt Assignments," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(2), pages 6-9, February.
  • Handle: RePEc:ovi:oviste:v:xvi:y:2016:i:2:p:6-9
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