Plata nedatorată. Plata făcută din eroare: condiţie pentru restituirea prestaţiilor sau criteriu de distincţie a plăţii nedatorate de gestiunea de afaceri

Undue payment. Payment made in error: condition for refund of benefits or criterion for distinguishing undue payment from business management

Abstract

The acquisition of ownership right in the procedure of compulsory enforcement of immovable property has certain particularities derogating from the common mechanism of transfer of ownership by notary, to the extent that the obligation to pay debts to the owners' association has not been transferred to the successful bidder, i.e. the plaintiff. In order to operate the undue payment, para. (3) of Art 1341 of the Civil Code establishes the relative presumption of payment by the solvant with the intention of extinguishing his own debt. Since this presumption has been rebutted, in the sense that the plaintiff knew that he was paying the debt of another, a payment in default is not applicable,...