Although it may seem hard to believe, there are sufficient cases in which a creditor who has the right to receive payment in the form of a sum of money or a good refuses to accept them for various reasons. This may occur either by avoiding a dialogue with a debtor when the latter requests details regarding the bank account or the arrangement of a meeting for the delivery of the good, or by the explicit refusal to accept the payment.
Article 1,510 of the Civil Code regulates the institution of putting the creditor in delay, which can be used when the creditor unjustifiably refuses the properly offered payment or when they refuse to perform the preparatory acts without which the debtor cannot fulfill their obligation. This is followed by the procedure of the payment offer, followed by the deposit of the good or sum owed at the disposal of the creditor.
The procedure begins with the debtor transmitting to the creditor a summons through a judicial executor, inviting the latter to receive the due performance. The summons must indicate the place, date, and time at which the sum of money or the good will be delivered to the creditor.
The summons has the effect of putting the creditor in delay, assuming the risk of the impossibility of fulfilling the obligation, and is held liable for damages caused by the delay, as well as covering the costs of conservation. Additionally, this summons represents a payment offer, giving the creditor the option to either accept the due performance, in which case the debtor will be released from their obligation, and the judicial executor will record the acceptance of the payment offer in a verbal process.
However, if the creditor does not appear or refuses to accept the sum or object offered, the debtor has the option, based on the verbal process concluded by the judicial executor, to deposit the sum or good owed with a banking institution. The deposit receipt is then handed over to the judicial executor who transmitted the payment summons. It should be noted that the deposit procedure must be preceded by a new summons addressed to the creditor under the same conditions as those mentioned earlier.
After the deposit, the judicial executor will ascertain, through a decision without notifying the parties, the date of payment and the release of the debtor. The decision will be communicated to the creditor within 5 days of its issuance.
Based on the verbal process of accepting the payment offer or on the decision of the judicial executor attesting to the refusal to accept the payment, the debtor may request the removal from the land register or other public records of the mortgage rights established to guarantee the extinguished claim.
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Daniel Pavelescu – Attorney at Law