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In the doctrine and judicial practice, it has been stated that the performance of the obligations stipulated in synallagmatic contracts must be made simultaneously by both parties. Therefore, the refusal of one of the contracting parties to perform its own obligations breaks the balance that must exist between the reciprocal performances of synallagmatic contracts so that the other party is also entitled to cease performing its own obligations. Thus, the exception of non-performance consists in the possibility for...

The exception to contractual non-performance is perceived in the doctrine as a defense or remedy available to a contracting party which, by simply invoking this exception, may block the claim brought by the other party (which has not executed its own obligations), in order to oblige the party that invokes the exception to perform its own contractual obligations. With respect to third parties, the exception to non-performance may be invoked against them, where the claim results from the contract (when the third par...