CONSIDERATIONS REGARDING THE EXCEPTION FROM THE OBLIGATION OF THE GOOD FAITH CREDITOR TO RETURN THE UNDUE PAYMENT IN THE OLD AND NEW REGULATION
CONSIDERATIONS REGARDING THE EXCEPTION FROM THE OBLIGATION OF THE GOOD FAITH CREDITOR TO RETURN THE UNDUE PAYMENT IN THE OLD AND NEW REGULATION

Summary/Abstract: Avoiding through the express provisions, on the one hand, the controversies regarding the legal grounds for such an action, the law-maker of the Civil Code in force took into account also the advantages that the juridical basis of the legal subrogation in the rights of the paid creditor offers to the payer (solvens): he will benefit from the guarantees of the paid debt to the extent to which these ones exist, and as regards the obligation to return the money, the actual debtor will have to return integrally the payment. On the other hand, if for various reasons the payer does not promote the action based on the legal subrogation in the rights of the paid creditor, he is entitled to his own action founded on the unjust enrichment in which the obligation to return the money is limited by the enrichment of the actual debtor. It can be noticed the modern and evolving character of the action of regulation, through which, starting from the traditional provision of art. 993 para. 2 in the Civil Code of 1864, the law-maker of the current Civil Code used for art. 1342 both the resources of the doctrine in the field and a novel element consisting of the express provision of the grounds of the payer’s action against the actual debtor.

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