Neexecutare

Neexecutare is a Romanian legal term referring to the failure to carry out a duty or to implement a binding decision, contract, or legal effect. It denotes the absence of compliance by the obligated party with an obligation or with a judicial or administrative result that is legally enforceable.

The concept is widely used in civil and commercial law, as well as in administrative procedures. Neexecutare can occur when a debtor does not perform a payment, delivery, or other contractual obligation despite a valid obligation, when a party refuses to comply with a court or administrative order, or when legitimate impediments prevent enforcement under the law.

Legal effects and remedies associated with neexecutare vary widely by jurisdiction but generally involve consequences such as enforcement actions, penalties, the accrual of interest, or claims for damages by the harmed party. Persistent non-execution may also affect contractual relations, potentially triggering termination clauses or other remedies provided by law or contract.

Neexecutare is typically contrasted with executare silită (enforcement), which refers to coercive measures taken to compel performance of an obligation. The term underscores the distinction between non-performance and the mechanisms available to compel it, and it often features in case law, contracts, and civil procedure discussions.

Etymology-wise, neexecutare combines the prefix ne- (negation) with executare (to execute or enforce). It is used predominantly in Romanian legal texts and discourse to describe a state of non-compliance or failure to enforce a legal obligation.