Cesiunea sau preluarea contractuală directă cu titlu particular a datoriilor în dreptul civil român
Conventional or direct contractual takeover of debt in particular in the Romanian civil law

Summary/Abstract: The author extensively analyses conventional and direct takeover of debt, particularly. Considering that this legal mechanism was not expressly and generally regulated in the former Civil Code, for a long time it has been stated that the assignment of debt, regarded as an autonomous legal mechanism, was not admissible; it only was possible through indirect processes, such as: novation by substitution of debtor, provision in favor of a third party, and perfect and imperfect delegation. However, in the decade prior to the abrogation of the former Civil Code, there were doctrinarians, the author of the study being one of them, who claimed that direct debt assignment was possible and valid, but subject to the consent of the assigned receiver, since it is a three-party agreement: the assignor debtor, the assignee debtor, and the assigned receiver. The New Civil Code expressly and extensively regulates this legal operation, having as external sources the German Civil Code (BGB), the Swiss Code of Obligations, the UNIDROIT Principles, and the European encoding projects. Thus, a full chapter of legal texts is dedicated to it (art. 1.599 1.608 Civil Code). The author analyses the definition, the usefulness, and the processes for the accomplishment of this legal operation. Thus, it can always be carried out through an agreement concluded between the initial debtor and the new debtor, or between the new debtor and the creditor; the main effect of the contract generally consists of the replacement of the initial debtor with a new one, with the preservation of the existence of debt, and its takeover. In principle, the discharge of obligations of the initial debtor also takes place, but only subject to the consent of the creditor.

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