IDEAS home Printed from https://ideas.repec.org/a/smo/journl/v2y2017i1p83-95.html
   My bibliography  Save this article

The Real Payment Offer and the Consignation, in the Old and New Romanian Civil Code

Author

Listed:
  • Alexandru Bulearca

    (Teaching Assistant Athenaeum University in Bucharest and Attorney in the Bucharest Bar)

Abstract

The real payment offer and the consignation are legal forms of voluntary payment, which can be defined as the manifestation of will of the payment obligation s debtor by means of which he executes, on his own initiative and in kind the pecuniary obligation undertaken, regardless of whether the obligational legal relation is national or has an extraneity element. In other words, the payment defines that operation by means of which an obligation to issue a certain amount of money to the creditor is voluntarily executed by the debtor, in view of terminating the obligational legal relation, with or without extraneity element. Still, the debtor must resort to the institution of the real payment offer and consignation only if he is faced with the creditor s reticence in receiving the payment or he is in a fortuitous impossibility to accept it. The reason why the lawmaker made such an institution available to the debtor is given by the fact that the creditor s refusal to accept payment may be due to his intention to charge penalties on the debtor for his late payment. Even in the situation when the creditor would be in a fortuitous impossibility to receive the payment, this fact cannot create an advantageous situation for him, in relation to the debtor of the payment obligation, person from whom he can ask penalties for the delayed making of the payment.

Suggested Citation

  • Alexandru Bulearca, 2017. "The Real Payment Offer and the Consignation, in the Old and New Romanian Civil Code," Scientia Moralitas Journal, Scientia Moralitas, Research Institute, vol. 2(1), pages 74-86, Iunie.
    • Handle: RePEc:smo:journl:v:2:y:2017:i:1:p:83-95
    DOI: 10.5281/zenodo.822368
    as

    Download full text from publisher

    File URL: http://www.scientiamoralitas.com/index.php/sm/article/view/34/23
    Download Restriction: no
    File URL: http://www.scientiamoralitas.com/index.php/sm/article/download/34/23
    Download Restriction: no
    File URL: https://libkey.io/10.5281/zenodo.822368?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:smo:journl:v:2:y:2017:i:1:p:83-95. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Eduard David (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.