The non-performance of the contractual obligations

Contractual liability shall have as main premise the non-performance of a contractual obligation. In order to determine the scope of the contractual obligations it is necessary, first, to unquestionably determine the moment when an agreement is concluded, as well as the moment when an agreement ceases to be in force. Secondly, it should be pointed out that the contractual obligations may be express or implied, resulting from the nature of the agreement, by reference to the requirements imposed by customs, law or equity, according to art. 1.272 para. (1) of the Civil Code. The phrase “non-performance of the contractual obligations” must be understood in its broadest sense, and this scope shall include: the total or partial non-performance, the inadequate performance or the delay in the performance of the obligations.Moreover, in order to carry out concrete assessments in relation to the non-performance of the contractual obligations, it is necessary to establish a typology of the obligations, depending on multiple criteria, among which an important part is held by the subject matter of the contractual obligation. At the same time, in order to accede to certain remedies of the non-performance, it is important to determine the criteria depending on which the serious nature of the non-performance of the contractual obligation could be established.