Stingerea obligațiilor prin compensație
Extinguishment of obligations by set-off

Summary/Abstract: The study analyzed the specific nature of the object of the obligation subject to legal compensation (money and fungible goods of the same nature) and the assumptions of inadmissibility of legal compensation related to the nature of the claims or the situations in which the parties find themselves.Legal compensation was also addressed in terms of its manifestation in relevant special procedures concerning the institution of insolvency and compensation regulations through special normative acts, such as that in GEO No. 63/July 12, 2018, on the compensation of mutual claims between the Romanian state and the beneficiaries of the laws in the field of property restitution and for the extension of certain deadlines.Regarding the first aspect, that of compensation in insolvency proceedings, beyond what was established with binding force by the High Court of Cassation and Justice in Decision No. 19/2020, namely that the method of extinguishing the obligation by way of compensation between a creditor registered in the estate and the debtor in insolvency proceedings can also be invoked by way of oblique action by another creditor registered in the group of creditors, the study also examined and argued this solution, from which certain instances of compensation with its particularities in the context of this collective and competitive procedure could be deduced. With regard to GEO No. 63/2018, the compensation operation was analyzed in terms of conditions, particularities, and implementation procedure.In dealing with conventional compensation, its extensive nature was emphasized, integrated with contractual freedom, compared to legal compensation and the constitutive value of the act of conventional compensation. As regards judicial compensation, which is based on the same premises as the previous ones, it is not regulated by law, as it is a measure ordered by the court in the settlement of the claim of one or both parties, formulated by way of a main claim or counterclaim.

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