THE NONPERFORMANCE EXCEPTION OF THE CONTRACT - SPECIFIC EFFECTS OF THE SINALAGMATIC CONTRACTS
THE NONPERFORMANCE EXCEPTION OF THE CONTRACT - SPECIFIC EFFECTS OF THE SINALAGMATIC CONTRACTS

Summary/Abstract: Simultaneity and interdependence rule of performances execution is the basic rule in sinalagmatic contracts, giving rise to specific effects. A part is entitled to refuse the execution of their obligations until the other part fulfill its own obligation, except this possibility representing the exception of nonperformanceof the contract – exceptio non-contract adimpleti contractus. The exception of nonperformance suspend the execution of benefit of it invokes, similar to the situation when he would benefited from a deadline. The part entitled to refuse the execution of their obligations can not be liable to pay default damages on the grounds that would have delayed the execution of benefits they owe to another part. The contract and its binding force does not cease, being only suspended its execution, so the contracting parties are not released from their obligations. The nonperformance exception of the contract may be considered at the same time a defense of the party who invokes, but also a means of pressure on the other part to accomplish the obligation.

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