5. Executarea obligaţiei. Validitatea plăţii făcute de un terţ faţă de raportul juridic obligaţional
5. Enforcement of the obligation. Validity of the payment made by a third party in respect of the legal obligation

Summary/Abstract: Payment is the voluntary performance of the obligation leading to its extinction. In principle, payment may be made by any person and the creditor has no right to refuse such payment, except in cases expressly provided for by law. Thus, payment can be made by the debtor or by any stakeholder, such as a co-debtor, or a guarantor, as well as by any non-stakeholder working on behalf of the debtor or in his or her own name. Payment made by a third party, if not in one of the cases of exception and if made on behalf of the debtor, extinguishes the debtor's obligation to the creditor. The payer must make the payment with the intention of extinguishing a debt and not in error. Even without explaining an interest, the third party may pay, if they show a willingness to pay as manager of the debtor's affairs or simply to make a donation.

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