Acta Universitatis Danubius. Juridica, Vol 8, No 2 (2012)

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

Ioan Mara, Trofin Hristache

Abstract


Synallagmatic contracts present certain specific effects among which the exception for non-performance. 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, to which we do not acquiesce

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Full Text: 111-118

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