Neprejudicierea drepturilor terţilor prin jocul compensaţiei

FABIAN-EDUARD CREŢU^*

* e-mail: fabian.cretu@fcretu-law.com

Avocat - Baroul Bucureşti

ABSTRACT

Through this material we tried to identify the reasons that were the basis for the adoption of Article 1622 of the Civil Code, through which certain third parties are protected from the effects of compensations potentially prejudicial to their situation.

After exposing some preliminary considerations regarding the institution of compensation, we set out to present the main hypotheses that would be subsumed under this legal provision. Along with their evocation, we tried to extract the interests predominantly protected by the legislator, which justifies the blocking of the compensation. We believe that understanding these cases is essential for the fair application of Article 1622.

Keywords: compensation; the effects of compensation; third parties; attachment.

1. Preliminarii

Prin acest studiu ne-am propus să analizăm înţelesul art. 1622C....