The goals of this research are to study and analyze the characters of legal relationship which can use the principle of exceptio non adimpleti conctractus and are to study and analyze the principle of exceptio non adimpleti conctractus considered by judges (court) in the verdicts of civil cases. The kind of this research is doctrinal, conducted by the reseacher through prescriptive analytical way.  The approached applied are statute approach and case approach.

The results of the research show that firstly, the characters of legal relationship which can use the principle of exceptio non adimpleti conctractus as rebuttal by debtor (plaintiff) is in reciprocal or bilateral agreements, namely agreements which brings about rights and obligations to both parties. The said rights and obligations  have relationship one to the other such as sale and purchase agreement, exchange agreement, rent agreement, and so forth. However, the prevailing statutory regulations have not yet regulated clearly and expressly on the principle of exceptio non adimpleti contractus, for example Article  1478 of Civil Code on Sale and Purchase. So far the principle of exceptio non adimpleti contractus is found in judge-made law. Secondly, the considerations of the panel of judges (ratio legis) in applying the principle of  exceptio non adimpleti contractus in the cases tried at the courts are still varied, there panels of judges who accept and apply the said principle, and there are also panels of judges who do not accept and apply it.