SCURTE CONSIDERAȚII PRIVIND DATORIILE DE VALOARE
BRIEF CONSIDERATIONS REGARDING VALUE DEBTS
Author(s): Luminița-Marcela PopSubject(s): Law on Economics
Published by: Editura Pro Universitaria
Keywords: monetary nominalism; payment; value debts; obligation; civil liability; nullity; restitution;
Summary/Abstract: The subject of value debts has been approached by few studies in the literature. We believe that this subject should come to our attention again, given the actual context of monetary depreciation. Currency fluctuations, the Romanian legislator’s option to regulate again the principle of monetary nominalism in the Civil Code came into force in 2011, the objective of ensuring the victim a full compensation for the damage caused, are just some examples that illustrate the usefulness of applying the mechanism of value debts.The mechanism of value debts is one of the most effective means of countering monetary devaluation in the context of currency fluctuations, allowing full repayment of the value transferred between the parties of the legal relationship.This mechanism also ensures full restitution of the executed obligation, as well as full reparation of the damage suffered by the victim, eliminating the time factor between the moment of obligation execution or occurence of the damage and the moment of restitution or reparation of the damage.In the present study, we do not intend to provide an exhaustive approach of the subject, but to highlight brief considerations on the mechanism of value debts and to describe two hypostases of value debts.
Journal: Revista Facultății de Drept Oradea
- Issue Year: 1/2021
- Issue No: 2
- Page Range: 170-180
- Page Count: 11
- Language: Romanian
