THE COMPENSATION FUNCTIONS AS THE WAY OF EXTINGUISHING OBLIGATIONS
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 4
Abstract
In this article are emphasized set-off functions as a separate legal institution of civil law: a) function to simplify the extinguishment of obligations and satisfying obligation law; b) function of ensuring realization of obligation law; c) function of a method of defending subjective civil right. All these functions highlight the complexity of institution studied. In order to advance the functionality of this legal institution of civil law system of Republic of Moldova, the author makes suggestions of lege ferenda. Function to simplify the extinguishment of obligations and the realization of the obligation law of sett-off is analyzed in the light of several application areas especially of the bank, forms of sett off in banking relationships being some civil legal structure elements of financial instruments. All this in the context of fast developing banking relationships.
Authors and Affiliations
Alexandru Prisac
Keywords
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