Natura juridică a plăţii
Legal nature of payment

Summary/Abstract: this paper we will analyse the legal nature of the payment. As a preliminary, the study presents the reasons why it is important to determine the legal nature of the payment. Subsequently, we will present an inventory of the theses adopted in doctrine and case law on this issue. Once these aspects are presented, we will define the content of the notions necessary to the issue at hand, namely the notion of payment, legal deeds lato sensu, legal deeds stricto sensu, legal act (i.e. unilateral legal act and contract) and propose a delimitation criterion between them. Further on, the study examines the extent to which the features of a given legal deed lato sensu overlap with those of payment. Then, we will also analyse to what extent the manner in which this institution is regulated provides clues in support of a certain qualification. In the final part of the study, we will set out our conclusions on the legal nature of the payment.

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