Regulation of the Exception for Non-performance Under The New Civil Code

AuthorIoan Mara - Trofin Hristache
PositionSenior Lecturer, PhD, Academy of Police ?Alexandru Ioan Cuza', Bucharest, Romania - PhD student, 'Nicolae Titulescu' University of Bucharest, Romania
Pages111-118
Abstract: Synallagmatic
con
foremost, characterized, by th
exception for non-
performan
nonperformance by the othe
Code, following the opinion
1864, legislatively consecrat
specification of the indicate
expressed especially regard
acquiesce, even if a part of Ro
on the legal interpretation of
regulations concerning perfo
study shows that the old regu
not clearly formulated, allow
Keywords: synallagmatic
co
The synallagmatic cont
something to the other p
Art. 1171 indent I from
is synallagmatic
whe
interdependent.”
We n
contract”
has been rem
acts, where provisions
1
Senior Lecturer, PhD,
Privighetorilor no. 1 A, sect
marayoan@yahoo.com.
2
4; Phone: +40213308958; Fa
Regulation of the Exception for
performance under the New Civi
Mara IOAN
1
, Hristache TROFIN
2
contracts represents the category that fits most contracts and
y the fact that these contracts
present certain specific effects w
ance, constitute a means of defense available
for the party wh
ther party but has not accomplished its own obligations. Th
ions formulated in the doctrine under the authority of the Civ
rates t
his institut ion, for the first time, under Art. 1556. Des
ated norm, recently, opinions following the French doctrin
rding the field of exception for non
-
performance, to whic
f Romanian doctrine has approved the latter.
Our opinion is ba
of the new legal provisions but also on
“traditional”
approach
rformance, which i
nterested both theoreticians and legal prac
egulations as well as the interpretations to where the law did n
owing for different interpretations.
contract; exception for non
-performance
ontract is a contract in which each party is bound
er party, their obligations being reciprocal and inter
m the New Civil Code stipu
lates in this respect tha
hen the obligations arising from it are recip
e notice here that the duality
synallagmatic o
emoved, thus eliminating the confusion with bil
ate
ns of the type
the contract is bilateral as it is
, Academy of Police „Alexandru Ioan Cuza”, Buchare
ector 1. Phone +40213175523; Fax +40213175517.
Correspo
itulescu” University of Bu charest, Romania, Vacaresti Road n
Fax: +40213308630. Corresponding author: irennetrofin@yah
AUDJ, vol. 8, no. 2
JURIDICA
111
for Non
-
ivil Code
and is, first and
which, with
the
who is claiming
The New Civil
Civil Code from
espite the clear
trine have been
hich we d
o not
based primarily
aches of the old
ractitioners. Our
id not state were
nd to provide
terdependent.
that a contract
ciprocal and
or bilateral
ateral judicial
is concluded
arest, Romania,
ponding author:
d no.185, sector
ahoo.com.
. 2, pp.
111-118

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT