Transmisiunea datoriilor - preluarea de datorie

dr. IOAN ADAM^*

* e-mail: avocatadam@gmail.com

Prof. univ. - Facultatea de Drept, Universitatea "Titu Maiorescu" din Bucureşti

ABSTRACT

The author defines the takeover of debt as being a legal means of transmitting the obligation, consisting of an agreement of will whereby the debt of a debtor, from the original relationship, is taken over by a third party in connection to that relationship, who thus becomes a new debtor, who binds himself together with the original debtor or alone, freeing the original debtor from debt, towards the creditor of the binding relationship. Respect for the rights acquired by the creditor and the need to ensure their realization makes it impossible to transmit a debt of a binding legal relationship, by substituting the original debtor with a third party, unless the creditor of that legal relationship has given his free and not vitiated consent.

The creditor’s consent, which has the legal nature of a unilateral legal...