THE LEGAL EFFECT OF ASSERTING NON-FULFILLMENT OF THE CONTRACT. "A COMPARATIVE ANALYTICAL STUDY"
This study addressed the principle of payment by non-execution of a contract, which is considered one of the established principles in civil law. This principle grants the right to one of the contracting parties to refrain from executing their obligation until the other party fulfills their own obligation during the contract execution stage. This results in a temporary suspension of the contract execution without terminating the contractual relationship. During this stage, the contract does not become divisible when the payment by non-execution is claimed, and the contractual obligations do not expire completely, but are limited to the suspension of their execution. Therefore, the legal effect of payment by non-execution of a contract is of great importance as it contributes to achieving equality and justice between the contracting parties, where one party does not find themselves forced or obligated to execute the contract while the other party fails to do so. This creates a balance between the obligations of the parties to the contract. Moreover, the importance of this principle lies in its role in reducing cases of termination, as it ensures the continuity of the contract execution, which is the goal of the contract. Furthermore, the payment by non-execution of a contract provides an opportunity for both parties to resume the execution of the contract after its suspension. Therefore, based on all that this principle embodies, it can have legal effects.