Examples of using Exceptio in English and their translations into Russian
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Official
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Colloquial
Application of the exceptio in international case law.
The exceptio does not produce these effects, but only gives rise to what has been called a‘waiting position.
An ICSID tribunal had applied the exceptio in favour of the respondent State.
The exceptio thus operates in the same manner as other circumstances precluding wrongfulness, and it requires consideration here.
It was also pointed out that the exceptio inadimpleti contractus appeared to be a primary rule.
A legal system might reject countermeasures, self-help other than in self-defence and reprisals butstill find a role for the exceptio.
The issue of the exceptio was addressed by Mr. Riphagen in the context of countermeasures.
The Special Rapporteur proposed a second new provision relating to the maxim exceptio inadimpleti contractus, which he referred to as“the exceptio”.
This view that the exceptio related solely to contractual obligations was, however, contradicted by others.
First, article 60 only applies to“material” breaches,rather narrowly defined, whereas the exceptio applies to any breach of treaty.
The conflicting requirements of a peremptory norm, and the exceptio in the narrow formulation proposed, would no doubt fall in the latter category as well.
Section IV is entitled“Exemptions”, and contains only two provisions, article 79 dealing with unavoidable impediments andarticle 80 dealing with the exceptio inadimpleti contractus.
Procedure requires foreign plaintiffs to put up a surety known as an exceptio judicatum solvi surety paid by a foreign national in legal proceedings.
In any event, the exceptio was connected in some respect to both force majeure and countermeasures, and that was why he had suggested situating the proposed draft provision between articles 30 and 31.
This enables a clearer distinction to be drawn between countermeasures and the application of the exceptio inadimpleti contractus. See above, paras. 322-323.
These include the principle(which underlines the exceptio) that a State may not rely on its own wrongful conduct, and the principle ex turpi causa non oritur actio.
For these reasons there is in the Special Rapporteur's view no basis for including the clean hands doctrine as a new“circumstance precluding wrongfulness”,distinct from the exceptio or from countermeasures.
Article 30 bis reflects the principle expressed in the maxim exceptio inadimplenti non est adimplendum or in the case of treaty obligations, exceptio inadimpleti contractus.
The exceptio had substantial comparative law underpinnings and had been broadly accepted by Special Rapporteur Fitzmaurice as a ground for excusing non-performance of treaties./ Yearbook… 1959, vol.
The decision was subsequently annulled by a review body,which had indicated its understanding that the exceptio was a basis not for the termination, but for the suspension, of an obligation.
On the other hand, the exceptio has a much more limited application than countermeasures, is not subject to the same limitations and is a more specific response to a particular breach, lacking the opprobrium often associated with countermeasures.
The possible insertion of a further circumstance precluding wrongfulness, viz.,the exception of non-performance(exceptio inadimpleti contractus), as proposed by the Special Rapporteur in 1999.
Thirdly, the exceptio may also be more readily applied to cases of obligations of simultaneous performance, given the formal procedure for suspension in article 65. On the procedure for invoking circumstances precluding wrongfulness see para. 352 below.
Previous non-performance by another party;This is often referred to by reference to the Latin phrase“exceptio inadimpleti contractus” more fully,“exceptio inadimplenti non est adimplendum”.
The maxim“exceptio inadimplenti non est adimplendum”(often referred to as the exceptio inadimpleti contractus) stands for the idea that a condition for one party's compliance with a synallagmatic obligation is the continued compliance of the other party with that obligation.
As this history suggests, in considering whether to include the exceptio in Chapter V it is first necessary to ask whether its role is not sufficiently performed by two other procedures.
On balance it seems appropriate to list the circumstances now to be covered in Chapter V in two sub-groups: first, compliance with a peremptory norm, self-defence,countermeasures and the exceptio; followed by force majeure, distress and necessity, and then by the ancillary clauses discussed above.
The underlying problem is that a broad view of the exceptio may produce escalating non-compliance, negating for practical purposes the continuing effect of the obligation.
And finally, article 60 is of course only concerned with the suspension of treaty obligations,whereas there is no reason to think that the exceptio, as it is formulated in the Factory at Chorzów dictum, does not apply to all international obligations whatever their origin.
There is thus some, but far from complete,overlap between the exceptio and the other doctrines discussed, and this supports the view that- regard being had to the weight of authority behind it and to its general good sense- some version of the exceptio ought to be recognized in Chapter V. However, it is necessary here to distinguish at least two different forms of the exceptio. .