THE EXCEPTION OF NON-ENFORCEMENT, AS A REMEDY FOR NON-ENFORCEMENT IN BUSINESS LAW RELATIONSHIPS AND IN DISPUTES BETWEEN PROFESSIONALS

This study aims to analyze the institution of the exception of non-execution from the perspective of the effects it produces in business law relations and especially in the case of disputes between professionals. First, the study will analyze the relationship between the subjects of the business law relationship, natural or legal persons as professional traders. Then, we will analyze the mechanism of operation of the exception of non-execution, referring to the legal provisions provided for in the Civil Code and the relevant judicial practice in the matter. In the proposed analysis, we will use the incident and updated legislation in force, specialized works on the subject and jurisprudential elements relevant to the proposed analysis.