Insolvenţa vs Darea în plată
Insolvency vs Datio in solutum

Summary/Abstract: The insolvency of individuals and the procedure of datio in solutum are the result of conceptually convergent legislative endeavours: individual insolvency law provides for a special procedure, derogatory from the common law, while the law governing the datio in solutum procedure regulates the limited application of certain Civil Code principles. Despite the partial overlapping of the two types of procedures, they share a common goal: waiving the ancillary debt of the lessee, through two different legal mechanisms. However, despite their partial common effect, the two regulations furnish irreconcilable mechanisms: the individual’s insolvency procedure provides for highly restrictive conditions, while the datio in solutum procedure appears to exclude the family home, which becomes an instrument for debt waive.

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