Our Managing Partner of Leks&Co wrote an article titled “Non adimpleti contractus rule as defendant’s defence in court” as published in Lexology.com.
The principle of exceptio non adimpleti contractus, which allows a defendant to defend themselves against a breach of contract claim by arguing that the plaintiff has not fulfilled their own contractual obligations, is a valid and useful defence in such cases. However, it can only be effective if submitted as a formal objection in court proceedings and is limited to contractual obligations. Various court cases have established that this defence is linked to the principles of good faith and justice, and that it is intended to prevent a claiming party from ignoring their own obligations while forcing the claimed party to fulfil theirs. While it may be straightforward to apply in a straightforward reciprocal agreement, it can become more complicated when there are different interpretations or conditions involved.
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