The agreement signed between the parties creates rights and obligations, producing effects for the established period of time. In general, the contractual obligations assumed by a contractual partner are settled by their voluntary performance, i.e. by the remission of a sum of money or by the performance of the object of the obligation. However, there are also alternative ways to be discharged from obligations. The Romanian law firm Pavel, Margarit & Associates recommends contacting a lawyer specialized in civil law to guide you in the process of discharging from obligations in ways other than by performing the obligation towards the contractual partner.
In principle, contractual obligations are settled by performing the obligation voluntarily. Performing the obligation may consist of the remission of a sum of money or the performance of the object of the contractual obligation. According to the legal provisions concerning the performance of contractual obligations in the Civil Code, payment can be made by any person, even if he is not a contractual partner in that legal relationship.
How can I be discharged from an obligation without executing it?
The alternative ways of discharging from an obligation are: compensation, confusion of rights, discharge of debt and fortuitous impossibility of execution.
Compensation
Compensation is a way of extinguishing 2 mutual obligations of the same nature existing between the contractual partners, up to the value of the lowest of them. The settlement of obligations takes place entirely if they are of equal value. Compensation can settle any contractual obligation which has as its object a sum of money or a certain quantity of fungible goods.
According to the Civil Code, compensation cannot take place when the claim results from damaging acts, the contractual obligation has as object the restitution of the goods given as a deposit or as a bailment, or has as object a good that cannot be judicial executed/ enforced.
Confusion of rights
Confusion of rights is another alternative way of discharging from an obligation that refers to the situation in which the qualities of debtor and creditor meet. In the same contractual relationship, there must be at least two contractual partners. A contractual partner cannot be both a creditor and a debtor of the same contractual obligation.
A lawyer specialized in civil law can guide you in the procedure of discharging from contractual obligations.
Discharge of debt
Discharge of debt occurs when the creditor voluntarily releases the debtor from the contractual obligation. This alternative way of discharging from an obligation can be total or partial.
Fortuitous impossibility of execution
Fortuitous impossibility of execution is the alternative way of settling the obligation and refers to the situation in which the contractual partner is released when the assumed contractual obligation can no longer be executed due to a major force or a fortuitous case produced before the debtor would be noticed of default.
In conclusion, the main way of settling an obligation is executing the obligation, and the alternative ways of discharging from an obligation are compensation, confusion of rights, discharge of debt and forced impossibility of execution.
Pavel, Margarit & Associates Law Firm in Romania recommends contacting a lawyer specialized in civil law who can advise you on the strategy to follow if you want to be discharged of the contractual obligation.
There are alternative ways to be discharged from obligations without executing them. These include compensation, confusion of rights, discharge of debt, and fortuitous impossibility of execution. To navigate these alternatives, it is recommended to seek guidance from a lawyer specialized in civil law.
Compensation is a method of extinguishing mutual obligations between contractual partners. It applies when there are two obligations of the same nature, and they can be settled up to the value of the lowest obligation. If the obligations are of equal value, they can be fully settled through compensation. Compensation can be used for contractual obligations involving a sum of money or a certain quantity of fungible goods. However, there are certain exceptions, such as when the claim results from damaging acts or when the obligation involves the restitution of goods given as a deposit or bailment.
The discharge of debt occurs when the creditor voluntarily releases the debtor from the contractual obligation. It can be either total or partial, depending on the agreement between the parties. This alternative way of discharging from an obligation requires the creditor’s consent to release the debtor from their obligation. It is important to note that seeking the advice of a lawyer specialized in civil law can provide guidance in the process of discharging from contractual obligations.