Stingerea obligațiilor prin compensație în reglementarea noului Cod civil
Settlement of obligations by compensation in the regulation of the new Civil Code

Summary/Abstract: The study is dedicated to the analysis of the compensation, regarded as a legal means of settlement of the civil obligations whereby it is carried out the indirect realization of the creditors’ rights. The study begins with a few considerations regarding the notion, the legal qualification, the legal headquarters, the types and the practical utility of the compensation. The author affords a large space for putting up for discussion the legal compensation which is carefully regulated in the texts of the new Romanian Civil Code. Thus, there are extensively approached the conditions that must be fulfilled in order to be in the presence of the legal compensation; likewise, it is determined the scope of application of the legal compensation and there are detected the obstacles and the legal exceptions in which, for certain reasons, the legal compensation can not operate; some of these are based on the parties’ interests and others are provided by law for the purpose of protection and of ensuring the rights of some third parties. A special attention is granted to the effects and the mechanism of the legal compensation, which operate entirely, in other words, ex lege. The analysis of the juridical regime of the legal compensation ends with the discussion of the legal possibility available to the creditors in question to expressly or tacitly waive the benefit thereof. The author’s discourse continues with the approach of the juridical regime of the other two types of compensation. It deals with the conventional compensation and the judicial compensation. The conventional compensation may be realized always by the wilful agreement of the parties, when there are not fulfilled the conditions for the legal compensation. On the contrary, the judicial compensation is ordered by the court of law, at the request of one of the parties, by the statement of claims of the applicant or, as the case may be, by the counter claim of the defendant. The study ends with a short presentation of the specific nature of the compensation of the claims and of the connected debts in the French civil law, especially after the recent reform of the juridical regime of the obligations in the texts of the French Civil Code.

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