Non-prejudice to the rights of third parties through the game of compensation Cover Image
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Neprejudicierea drepturilor terților prin jocul compensației
Non-prejudice to the rights of third parties through the game of compensation

Author(s): Fabian-Eduard Crețu
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: compensation; the effects of compensation; third parties; attachement;

Summary/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.

  • Issue Year: 2022
  • Issue No: 11
  • Page Range: 24-33
  • Page Count: 10
  • Language: Romanian