Legea dării în plată, varianta 2.0. Déjà vu?
Law of Datio in solutum, version 2.0. Déjà vu?

Summary/Abstract: The Decisions no. 623/2016, no. 639/2016, no. 95/2017 and no. 415/2018 rendered by the Constitutional Court (hereinafter „The main decisions”) were not able to clarify the equivoque of the provisions of the Datio in solutum Law no. 77/2016, but rather, arose questions which revealed the poverty of the judicial content of this normative act. In this context, the Constitutional Court rendered the Decision no. 731/2019 regarding the bill for the amendment of the new Datio in solutum Law, sent on July, 6th, 2019, to the President of Romania for promulgation, by which the majority of the amendments provisions were declared unconstitutional. On April, 29nd, 2020, subsequent to the publication of the Decision no. 731/2019, the Chamber of Deputies adopted the Law for amendment and completion of new Datio in solutum Law of immobile assets for the purpose of extinction of the obligations assumed through loans, promulgated by the President of Romania through the Decree no. 258/13.05.2020, thus becoming the Law no. 52/2020 (hereinafter „new Datio in solutum Law”). But, does the new Datio in solutum Law respects the Main decisions rendered by the Constitutional Court?, Does it remedy the issues generated by the application of the old Datio in solutum Law, does it omit them or does it deepens them? Will the new Datio in solutum achieve the regulation objective declared by the initial Legislator or will create a new blockage of the civil circuit?

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