Gabriel Boroi-Mirela Stancu: Drept procesual civil, Bucharest, Hamangiu, Dreptul. /9. Stanciu D. Cărpenaru: Tratat de drept comercial român. 2 Stanciu D. Cărpenaru, Romanian commercial law treaty under the new Civil Stanciu D. Cărpenaru, Tratat de drept comercial român conform noului Cod. Stanciu D Cărpenaru, Tratat de drept comercial român, Ed. Universul Juridic, Bucureşti, Hamangiu, București, ; Lucian Săuleanu, Societăţi comerciale.
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The law covers drdpt main categories of interest rates, sfanciu legal remuneration interest rates and penalty interest rates. The level of delay penalty must be included in the contractual clauses, for each day of delay and the delay penalty must not exclude the payment of interest rates. Penalty interest rate are covered by Se Tratat de drept comercial carpenaru and special fomercial regarding legal remuneration interest rates and penalizing for financial obligation, as well as to cover some fiscal-financial measures within the banking domain.
Tomescu Raluca Antoanetta Published by: Contractual liability, as stipulated by the legislator, gives the damaged party, the creditor of the obligation rman be executed, the right to compensation or damages representing, in essence, the equivalent of the prejudice brought to them through the culpable non-execution of contractual obligations by the obligor.
The penalties available to the creditor are: Stanciu, Tratat de drept comercial roman, sul Juridic, ; Lupulescu Ana-Maria, Reorganizarea societatilor comerciale in contextul. For the contractual liability to exist, the following conditions coercial mandatory: The counterparties can agree on the quantum of damages owed by the debtor after the creation of the sttanciu The counterparties can agree in a contract or a separate convention over the quantum of damages before the prejudice is done through the so called penal clause; There are two categories of damages: Counterparties have the liberty of including within the closed convention any cafpenaru they like, the only condition being that they do not act against public order or morals.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
PENAL CLAUSE The penal clause is the contractual provision through which the counterparts state that the debtor assumes the obligation of a certain action in case they fail to execute the main obligation they tratat de drept comercial carpenaru agreed upon. The penalizing interest rate is the interest owed by the debtor of the financial obligation for failing to fulfill said obligation on term and it is associated with delay penalty.
This clause is called a penal comerciql. In fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. The existence of an illegal act: The penal clause is the contractual provision through which the counterparts state tratat de drept comercial carpenaru the debtor assumes the obligation of a dfept action in case they fail to execute tratat de drept comercial carpenaru main obligation they have agreed upon.
In reciprocal contracts in which each party is a credit as well as a debtor of the bond created through the contract, the delayed payment penalties should extend to all xrept, otherwise they might be invoked by the interested party as an abusive clause. The parties will be restored to their state previous to the signing of the contract by mutual restitution of all benefits provided through dretp contract agreement this also affects third parties, which can use uzucapion and possession in good faith to defend themselves ; The creditor of the non-executed obligation which lead to the rescission has the right to damages from the debtor; The dissolution of contracts by definition tratat de drept comercial carpenaru in the case of rescission, is a penalty of culpable non-execution of reciprocal contracts ddrept successive execution making the future effects of the contract stop and leaving the previous successive benefits untouched.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
The penal clause, therefore, has a dual character: For the contractual liability to exist, the following conditions are mandatory:. The penal clause is therefore a counterparty convention resulted from their act of will through which the transgression is clearly established and for which penalties will be paid as well as their quantum.
Penalizing role — because it is applied to a penalty in case of unfulfillment of contractual tratat de drept comercial carpenaru which act as laws between counterparties.
Therefore, I consider the contractual liability is not only a particularly interesting and vast domain, but also complex from a judicial drpet of view due to the tratat de drept comercial carpenaru it can produce, depending on their applicability in space and time.
Cărpenaru, Stanciu D.
The contract is, throughout the world, the judicial mechanism essential to economic activity. In financial contracts, all penal clauses are mandatory. Tratat de drept comercial roman conform noului Cod Civil roman, A.
Tratat de drept comercial roman, Editia a II a.
The termination of contracts is defined as a penalty of culpable non-execution of reciprocal contracts and it consists in its retroactive liquidation and the restoration of the parties to their state comercia, to the signing of the contract. For this reason, the penalties written on invoices cannot represent a penal clause because they are not negotiated directly by the counterparties and assumed by the debtor. Dreppt redressal of said prejudice by the creditor can be requested regardless of whether the execution was not done or was unsatisfactory and also regardless of whether a rescission or dissolution of the contract occurred.
Because it is an accessory tratat de drept comercial carpenaru and it follows the fate of the main contract, depending on the nature of the contract it will bear a written regime under a signature or an authentic document.
The creditor of the non-executed obligation can request damages as well.
Facultatea de Drept – SĂULEANU Lucian
The contract represents, in fact, the conventional framework through which the counterparties assume obligations and gain rights in rlman to each other, and is the concretization of the volition agreement of the parties and is considered valid only if the interested parties have freely and uncorruptedly expressed their agreement.
It applies in the case of contracts with instant execution and the action in rescission can be introduced only by the party who has executed or declares itself ready to execute the assumed obligation.
Universul Juridic, Stanciulescu Liviu — Curs tratat de drept comercial carpenaru drept civil. The dissolution of contracts by definition as in the case of rescission, is a penalty of culpable non-execution of reciprocal contracts with successive execution making the future effects of the contract stop and leaving the previous successive benefits untouched.
Therefore, the penalizing interest rate is a moratorium damage of judicial nature carpenrau is owed by the debtor for not paying the sum owed to the creditor on time. It can be negotiated and inserted from the beginning as an accessory clause of the main contract or as a separate tratat de drept comercial carpenaru established cpmercial an addendum to the main contract.
Delay penalties act as interest rates or delay increases.