Formal tender of payment followed by deposit
Preparing records of formal tender followed by the debtor's deposit of the amount.
Formal tender of payment followed by deposit is the procedure by which a debtor may perform when the creditor refuses payment, observing statutory substantive and formal conditions.
Formal tender procedure — Arts. 1006–1007, Romanian Code of Civil Procedure
Through the competent officer, the debtor invites the creditor to receive performance. The notice specifies the place, date and time for delivery of the money or asset.
Acceptance — Art. 1008, Romanian Code of Civil Procedure
If the creditor receives the money or asset, the officer prepares a record confirming acceptance of the formal tender. Acceptance discharges the debtor from the obligation performed.
Absence or refusal — Art. 1009, Romanian Code of Civil Procedure
The officer records the circumstances. The debtor may then deposit performance, subject to law, with CEC Bank S.A., another credit institution or a specialised institution as applicable. The receipt is filed with the officer.
Deposit is preceded by a new notice, informing the creditor of the day, time and place of deposit. Assets are subject to special rules appropriate to their nature.
Discharge and annulment — Art. 1010, Romanian Code of Civil Procedure
After deposit, the officer confirms payment and discharge by order without summoning the parties. The order is served on the creditor within 5 days of being issued.
The creditor may seek annulment for failure to meet tender and deposit conditions within 15 days of service, before the district court where the deposit took place. Discharge is deemed to occur on the deposit date unless the procedure is annulled.
Legal basis
Arts. 1006–1013, Romanian Code of Civil Procedure and Art. 7(g), Law No. 188/2000 on judicial enforcement officers.
Romanian Code of Civil Procedure — Legislative Portal · Law No. 188/2000