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  3. Law: Contract(s)

Mover a excepção do contrato não cumprido

English translation: Enter the plea of an unperformed contract (Exceptio Non Adimpleti Contractus)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:Mover a excepção do contrato não cumprido
English translation:Enter the plea of an unperformed contract (Exceptio Non Adimpleti Contractus)
Entered by: Timothy Came

21:08 Feb 11, 2020
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s) / Good faith
Portuguese term or phrase: Mover a excepção do contrato não cumprido
I'm having trouble with this phrase in law textbook about good faith in civil law.

Context "Os regimes aplicáveis nestas hipóteses - o direito à indemnização pelos danos, a possibilidade de recusar legalmente a prestação e a de mover a exceptção do contrato não cumprido - justificam, pelo sua uniformidade de princípio, a manutenção da violação positiva como figura unitária."

Any help appreciated.
Timothy Came
Brazil
Local time: 11:59
Enter the plea of an unperformed contract (Exceptio Non Adimpleti Contractus)
Explanation:
Perhaps 'enter' an English translation first and the Roman Law equivalent thereafter, rather than the other way round.

The literal translation of rxception may be used in US Am. law, as opposed to defenc/se in English law.


Selected response from:

Adrian MM.
Austria
Grading comment
A later reference in the text confirms this to be correct. Thanks, Adrian.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Enter the plea of an unperformed contract (Exceptio Non Adimpleti Contractus)
Adrian MM.
3the possibility of filing a complaint pursuant to a contract breach
Mario Freitas


  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Enter the plea of an unperformed contract (Exceptio Non Adimpleti Contractus)


Explanation:
Perhaps 'enter' an English translation first and the Roman Law equivalent thereafter, rather than the other way round.

The literal translation of rxception may be used in US Am. law, as opposed to defenc/se in English law.




Example sentence(s):
  • “Plea of Unperformed Contract: Whoever is bound by a mutual contract may refuse to perform his part until the other party has performed his part, unless the former party is bound to perform his part first.”

    Reference: http://www.duhaime.org/LegalDictionary/E/ExceptioNonAdimplet...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
Grading comment
A later reference in the text confirms this to be correct. Thanks, Adrian.

Peer comments on this answer (and responses from the answerer)
agree  Mark Robertson
52 mins
  -> Obrigado and thanks!
Login to enter a peer comment (or grade)

13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
the possibility of filing a complaint pursuant to a contract breach


Explanation:
I believe "mover" in this case refers to "mover uma acção" or to commence a litigation, start a lawsuit, or file a complaint.

Mario Freitas
Brazil
Local time: 12:59
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 333
Notes to answerer
Asker: Thanks, Mario.

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