Realizarea plăţii de către un terţ. Categorii de terţi care pot face plata şi condiţiile realizării unei astfel de plăţi
Payment made by a third party. Categories of third parties that may make the payment and conditions for making such payment
Author(s): Cristian CealeraSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: payment; subrogation; third party; debt; donation;
Summary/Abstract: In this paper, we aim to provide an inventory of the categories of third parties that can make a payment. For this purpose, we will first define the notions of third party and parties to an obligation. Subsequently, by reference to the provisions of the Civil Code, we will explain the conceptual possibility for a third party to make a payment. Further, considering the consequences of the payment, we will analyse the following categories of third parties that can make a payment: the category of third parties whose payment leads to the extinction of the debt and the category of third parties whose payment does not lead to the extinction of the debt. In the following, we will outline the conditions that the third party must meet in order to validly make a payment. We will also analyse the circumstances in which the possibility of a payment by a third party may be refused by the debtor by reference to the specific rules on payment and subrogation. Finally, we will determine the situations in which the creditor must refuse a payment made by a third party.
Journal: Revista Română de Drept Privat
- Issue Year: 2022
- Issue No: 03
- Page Range: 229-250
- Page Count: 22
- Language: Romanian
- Content File-PDF