A Comparative Study of the Exception Non Adimpleti Contractus in Romano-Germanic Legal Regime (France, Germany, Switzerland), the 1980 United Nations Convention on Contracts for the International Sale of Goods and its Acceptability in Iranian Law

The exception non adimpleti contractus is one of the general rules of contract law in Romano-Germanic legal regime based on which in simultaneous reciprocal obligations, in case of non-performance by one party, the other party may suspend his obligation, and if being sued by other party can defend himself by invoking the non-performance of the obligation. The exception non adimpleti contractus differs from right of retention in Romano-Germanic legal regime. This exception has been accepted in countries following the Romano-Germanic legal regime and the 1980 United Nations Convention on Contracts for the International Sale of Goods as well. The present article, through a descriptive-analytic method and by means of a comparative view, has attempted to prove that the legal concept of the non adimpleti contractus also is recognized in Iranian legal system and Imamiyah jurisprudence. In fact, some legal titles such as "refusing to pay the price or deliver the goods" and "right of retention" reflect the legal concept in question.