Right of non‑performance / Exceptio non adimpleti contractus

The right of non-performance is a contractual right allowing one party to suspend the performance of its obligations as long as the other party fails to fulfil— or refuses to fulfil—its own. It operates within a reciprocal contractual relationship and serves as a protective mechanism to restore balance until the defaulting party complies. The suspension must be exercised in good faith and requires a close connection between the respective obligations

Updated: 26/02/2026

The definitions presented in this section reflect the Belgian context, unless stated otherwise. The texts are intended to summarise the concepts in everyday language and should not be regarded as exhaustive or definitive. Suggestions or adjustments may always be sent to glossary@tcm.be.