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HCCJ. Voluntarily handing original claim title

The High Court of Cassation and Justice decided that, voluntarily handing original claim title by the creditor to the debtor, in accordance with art. 1138 of the old Civil Code, establishes a legal release of debt presumption in favor of the debtor juris et de jure, which cannot be countered by evidence to the contrary, the law absolutely assuming that it was either paid or there has been a remission of debt, operating in both cases the debtor’s release, regardless of the cause of liberation. Therefore, in this situation, the law establishes an absolute presumption regarding the release of the debtor, which does not allow evidence to the contrary, presumption that imposes itself as a genuine plea of inadmissibility regarding the investigation of the fund. (Decision no. 3779 of 27 November 2014 rendered in appeal by The Second Civil Division of The High Court of Cassation and Justice, covering restitution of loan)

Note: According to Art. 1503 par. (1) of the new Civil Code, voluntary submission of original document confirming the claim made by the creditor to the debtor, one of the co-debtors or fideiusor, gives birth to the presumption of an extinguished obligation by payment. The counter evidence must be presented by the one who is interested to prove the extinguish of the obligation through other way. Also, according to para. (2) of the same article, if the original document, voluntarily submitted, is issued in authentic form, the creditor has the right to prove that the remission was made for a reason other than settle the obligation.

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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