Renunţarea la dreptul de creanţă - o privire comparativă
Waiver of claim – a comparative view

Summary/Abstract: The profound amendments carried out in the Romanian civil law at the same time as the effective date of the new Civil Code were intended, inter alia, to link the legislation to the new social context, characterized by the rapidity of the trade exchanges and the development of a new economic model. In this respect, we note, as an example, the regulation of the assignment of contract and of the debt assumption, which are mechanisms providing increased flexibility in the economic relationships, such as the substantive changes in the matter of the performance of obligations, meeting the same utilitarian considerations.This study is aimed at examining the manner in which the new vision of the lawmaker was reflected in the matter of settlement of the obligations, in the specific case of waiver of the claim. Such a measure is justified, in this context, by the practical usefulness of this mechanism, for instance, in case of bank contracts (especially in case of claims portfolios) or of the utilities contracts, in which it is often called into question the need for such an operation, under the circumstances of granting certain concessions. At the same time, from the theoretical point of view, a study intended for the effects produced as a result of waiver of the claim enables us to deeply examine the legal nature of the waiver, in the context in which a part of the respective doctrine identifies the debt repayment with the waiver, as well as the detailed examination of the existing relationship between this legal act and the civil obligation.

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