FULFILLMENT BY GIVING INSTEAD OF PAYMENT - DATIO IN SOLUTUM IN CONTRACTUALOBLIGATORY LAW
DOI:
https://doi.org/10.30925/zpfsr.44.2.9Keywords:
datio in solutum, novation (renewal), original (primary) obligation, secondary obligation, fulfillment of the contract, termination of the contract.Abstract
Datio in solutum - fulfillment of an obligation by giving instead of payment - is an important institute of contractual obligatory law. The debtor will thus fulfill their contractual obligation in a different way than agreed, but always with the agreement and consent of the creditor. Datio in solutum is, therefore, a legal act, a contract. By fulfilling this second (secondary) subject of the obligation - the obligation ends when the creditor "receives" it. However, not every receiving is always the same, and a problem arises when the receiving is not the physical receiving of money (which is usually the original, primary obligation). The cases of bill of exchange transfers, land registry of real estate ownership, or acquisition of shares as examples of fulfillment of secondary obligations clearly show the problem. Namely, it should not happen that the contract is "executed" but that the creditor "received" a secondary obligation without effectively receiving anything.
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- 2023-12-20 (2)
- 2023-09-15 (1)
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