DETAILS OF PAYMENT, WHICH IS NOT DUE IN THE REGULATION OF THE NEW CIVIL CODE
DETAILS OF PAYMENT, WHICH IS NOT DUE IN THE REGULATION OF THE NEW CIVIL CODE

Summary/Abstract: The concept of “payment which is not due” includes different realities in practice. The interest in this institution has re-emerged under the circumstances in which the doctrine considers that the rules contained in the Civil code are intended to apply not only in the matter of the of private law strictosensu, but, in the absence of certain special rules, in the administrative law and in the Community law. With reference to the previous regulation, we notice that the modern lawmaker of 2009 has taken over the opinions developed in the literature. For instance, endorsing the interpretation according to which the error is a necessary condition for being in the presence of the payment which is not due only in the cases of relative non-existence of the debt intended to be paid, the texts of the New Civil Code do not contain any provision which expressly orders that the solvens error is a condition the presence of which is mandatory in all assumptions of payment which is not due. Sometimes, the error alters the conviction that there would be a chargeable liability, which could justify a payment from the legal point of view.

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