Regulation of the Exception for Non-performance under the New Civil Code
Regulation of the Exception for Non-performance under the New Civil Code

Summary/Abstract: Synallagmatic contracts represents the category that fits most contracts and is, first and foremost, characterized, by the fact that these contracts present certain specific effects which, with the exception for non-performance, constitute a means of defense available for the party who is claiming nonperformance by the other party but has not accomplished its own obligations. The New Civil Code, following the opinions formulated in the doctrine under the authority of the Civil Code from 1864, legislatively consecrates this institution, for the first time, under Art. 1556. Despite the clear specification of the indicated norm, recently, opinions following the French doctrine have been expressed especially regarding the field of exception for non-performance, to which we do not acquiesce, even if a part of Romanian doctrine has approved the latter. Our opinion is based primarily on the legal interpretation of the new legal provisions but also on “traditional” approaches of the old regulations concerning performance, which interested both theoreticians and legal practitioners. Our study shows that the old regulations as well as the interpretations to where the law did not state were not clearly formulated, allowing for different interpretations.

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