CURRENT ASPECTS REGARDING THE EQUIVALENT EXECUTION OF CIVIL OBLIGATIONS
CURRENT ASPECTS REGARDING THE EQUIVALENT EXECUTION OF CIVIL OBLIGATIONS
Author(s): Livia MocanuSubject(s): Civil Law
Published by: Editura Bibliotheca
Keywords: obligation. execution in kind. execution by equivalent. interest damages. penal clause.
Summary/Abstract: The civil obligation requires its execution by the debtor, the creditor being entitled to obtain the exact fulfillment of the performance to which he has committed himself or to ask for compensation as equivalent to the damage suffered through the non-execution or defective execution of the obligation. The principle in the matter is the direct execution (in kind), through the exact fulfillment of the service to which the debtor has committed himself. If execution in kind, voluntarily or under duress, is no longer possible, the obligation is executed by equivalent (indirect), the debtor being liable for non-execution of his obligation.
Journal: Valahia University Law Study
- Issue Year: 43/2024
- Issue No: 1
- Page Range: 54-61
- Page Count: 8
- Language: English