Supporting reasons for the non-performance of the contractual obligations Cover Image
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Cauze justificate de neexecutare a obligaţiilor contractuale
Supporting reasons for the non-performance of the contractual obligations

Author(s): Viorel Terzea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: contractual liability; contractual obligation; non-performance without any justification; supporting non-performance causes; order of performance of obligations; plea of non-performance

Summary/Abstract: Interference of the contractual liability is conditional on the existence of a non-performance of the contractual obligation without any justification. The scope of the supporting non-performance causes includes, according to the current regulation: the order of performance of obligations, the plea of non-performance and the temporary impossibility of performance. Upholding the existence of such a supporting non-performance cause shall result in the non-interference of the tort liability, in the form of granting any damages, considering the lack of any requirements imposed by law. Moreover, under such an assumption, it shall not be necessary to examine a holding harmless cause.

  • Issue Year: 2019/2019
  • Issue No: 03
  • Page Range: 520-551
  • Page Count: 32
  • Language: Romanian