Consideraţii privind excepţia de neexecutare a obligaţiilor contractuale
Considerations on the non-execution exception of contractual obligations

Summary/Abstract: Old institution of law, except for non-performance finds explicit regulation for the first time in art. 1556 Civil Code, designed as a cause of non-performance of contractual obligations supporting what works in favor of the party invoking it. The basis of the plea of non-performance is in the mutual interest of the parties to a mutually binding contract in carrying out mutual and interde¬pendent. Invoking the exception of non-performance is achieved on the field of private justice between the parties, and the trial court, as a defense of the defendant. In judicial practice, except for non-performance is a means defensive provisionally performing party invoking protection, be followed by the execution of one who is opposed to either terminate the contract and simultaneously creates a strong pressure on the counterparty who is the opposite.

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