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When can be invoked the exception of breach of contract

The High Court of Cassation and Justice has ruled that, although the exception for breach of contract is a defense way that is available for the party who is seeking enforcement duty without the party who claims this to have executed ​​his own obligation in case, to the object of judgment, consisting of the obligation to transfer the account applicant as executor of the  amounts as guarantee of good execution, invoking this exception is not justified as collateral obligation is an independent character, wich can not be conditionated by any fulfillment of the correlative obligation of the contractor. (Decision no. 150 of 24 January 2012 issued the appeal of Civile Section II of the  High Court of Cassation and Justice seeking the obligation to do)

>> The source: JURIDICE.ro

Alexandru VLASTON

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