Principiul simultaneităţii executării prestaţiilor în contractele sinalagmatice

Prof. univ. dr. MONNA-LISA BELU MAGDO*

* e-mail: prof.univ.monnalisa.belu@gmail.com

Membru titular al Academiei de Ştiinţe Juridice din România Avocat - Baroul Prahova

ABSTRACT

The simultaneity of performance of obligations in synallagmatic contracts, regulated in the civil Code, is explained in the first part of the study by the exception of non-performance, as a form of guarantee of the principle, consisting in the right of the contracting party to refuse to perform its own obligation as long as the other party does not perform its obligation. As a form of private justice, the exception of non-performance is a manifestation of the specific nature of contractual relations and derives from the rule of interdependence of the obligations of the contracting parties.

In the analysis of the conditions of operation of the non-performance exception, the doctrinal opinions related to the extended source of the...