Cesiunea de creanță în dreptul civil român și dreptul civil
francez
The debt assignment in the French and Romanian
civil law legislations
Author(s): Nadia SavaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Academiei Române
Keywords: comparative law ; contract law ; French civil law ; Romanian civil law ; debt assignment ; transfer of rights and obligations ; creditor, debtor and third party relationship;
Summary/Abstract: The following article aims to present a comparative perspective on the legal mechanism of the debt assignment in the French and Romanian civil law. Convergent with an international movement of reform, both legislations offernew solutions concerning the debt assignment. We will analyse the definition, theobject, the parties, as well as the effects between parties and towards third parties. The two legislations align in most aspects, with the exception of the required formal conditions, which consequently differentiate their effects and the opposability of debt assignment. A more general, yet relevant distinction is made in the legislative approach. The Romanian law is more detailed, with a tendency to define multiple hypotheses, being thus more rigid than its French counterpart. The latter is characterized by its briefness, which leaves more space for interpretation in any given situation, therefore being more flexible and adaptable.
Journal: Anuarul Institutului de Istorie »George Baritiu« din Cluj-Napoca - Seria HUMANISTICA
- Issue Year: XVIII/2020
- Issue No: 1
- Page Range: 313-328
- Page Count: 15
- Language: Romanian