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The Real Payment Offer and the Consignation, in the Old and New Romanian Civil Code
Authors: Alexandru Bulearcă
Number of views: 645
The real payment offer and the consignation are legal
forms of voluntary payment, which can be defined as the manifestation
of will of the payment obligation’s debtor by means of which he
executes, on his own initiative and in kind the pecuniary obligation
undertaken, regardless of whether the obligational legal relation is
national or has an extraneity element. In other words, the payment
defines that operation by means of which an obligation to issue a certain
amount of money to the creditor is voluntarily executed by the debtor,
in view of terminating the obligational legal relation, with or without
extraneity element. Still, the debtor must resort to the institution of the
real payment offer and consignation only if he is faced with the creditor’s
reticence in receiving the payment or he is in a fortuitous impossibility
to accept it. The reason why the lawmaker made such an institution
available to the debtor is given by the fact that the creditor’s refusal to
accept payment may be due to his intention to charge penalties on the
debtor for his late payment. Even in the situation when the creditor
would be in a fortuitous impossibility to receive the payment, this fact cannot create an advantageous situation for him, in relation to
the debtor of the payment obligation, person from whom he can ask
penalties for the delayed making of the payment.