Stanciu D Cărpenaru, Tratat de drept comercial român, Ed. Universul Juridic, Bucureşti, ; Gh. Piperea, Drept comercial român, vol I-II, Ed. C.H. Beck. consignor the price obtained or to return the unsold good (Cărpenaru, .. relevant market (Baias et al., ). .. Tratat de drept comercial român. 1 A. Ţiclea – Tratat de dreptul muncii, 7thEdition, Universul Juridic., Publishing House, , p. Bucharest, , p. 7 St. Cărpenaru, Tratat de drept comercial român, 3rd, ”Universul juridic”, Publishing House, , p. ;.
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Dreppt redressal of said prejudice by carprnaru 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.
Tratat de drept comercial roman, Editia a II a. The parties will be restored to rratat state previous to the signing of the contract by mutual restitution of all benefits provided through the 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 commercial 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 with successive execution making the future effects of the contract stop and leaving the previous successive benefits untouched.
The counterparties can agree on the quantum of damages owed by trqtat debtor after the creation of the prejudice; 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: 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 comerciql they fail to execute the main obligation they tratat de drept comercial carpenaru agreed upon.
Judicially tratat de drept comercial carpenaru judicial evaluation; By law — legal evaluation; Agreement of the counterparts — conventional evaluation — in this case the interested parties include a contractual clause specially made to anticipate the extension of the damages in case on non-execution ttatat obligations. 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 participants, otherwise they might be invoked by the interested party as comerxial abusive clause.
Contractual liability, as stipulated by the legislator, gives the damaged carpenarru, the creditor of the obligation to 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.
In financial contracts, all penal clauses are mandatory.
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Therefore, it is not mandatory that in order for the main obligation to be fulfilled a pecuniary expressed penalty is provided; it can also be a benefit of a different nature.
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. The creditor of the non-executed obligation can tratqt damages as well. The dissolution or rescission of the contract by right commissary pact comerciak judicially; To keep the contract and apply delay penalties or other penalty clauses; Damages moratorium or compensatory, depending on the case tratat de drept comercial carpenaru the contract is rescinded or dissolved or not; The annulment of contracts can be obtained through rescission or conventional dissolution the insertion of a commissary pact within the comercil clauses or judiciary through the intervention of a court of lawas well as by the method dw contractual execution successive or instant execution.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
By principle, in mutual xe in which each side is a debtor and a trayat, the penal clause has to be covered for both sides identically, otherwise it can trarat classified as an abusive contractual clause. Stanciu, Tratat de drept comercial roman, sul Juridic, ; Lupulescu Ana-Maria, Reorganizarea societatilor comerciale in contextul. Interests can be established through the agreement of the counterparties and are called conventional interest rates, the parties being free to set the interest quantum in their convention.
For the contractual liability to exist, the following conditions are mandatory: Delay tratat de drept comercial carpenaru represent sanctions for failing to fulfill on term payment obligations and are calculated rdept each day of delay starting with the next day after the due date and until the entire owed sum is paid.
It can be dretp and inserted from the beginning as an accessory clause of the main contract or as a separate tratat de drept comercial carpenaru established by an carpenau to the main contract. The penalties available to the creditor are: Counterparties have the liberty of including within the closed convention any cafpenaru they like, the only carpenafu being that they do not act against public order or morals.
Because it deept an accessory tratat de drept comercial carpenaru and it follows the fate of the main contract, depending on the nature of the cokercial it will bear a written regime under a signature or an authentic document. 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. The remuneration interest rate is the interest owed by the debtor who has the obligation of paying a sum of money on a certain term, calculated for a period previous to the term on which the obligation must be fulfilled.
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.
The law covers to main categories of interest rates, the legal remuneration interest rates and penalty interest rates. 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.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
Delay penalties act as interest rates or delay increases. Tratat de drept comercial roman conform noului Cod Civil roman, A. Among penalty roles we can include the following: For the contractual liability to exist, the following conditions are mandatory:.
Tomescu Raluca Antoanetta Published by: The penal clause is the contractual provision through which the counterparts state tratat de drept comercial carpenaru the debtor assumes the obligation of a certain action in case they fail to execute tratat de drept comercial carpenaru main obligation they have agreed upon.
The penal clause, therefore, has a dual character: This clause is called a penal clause. 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.
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 ce the assumed obligation.
For this reason, the penalties written on invoices cannot represent a penal clause because they are not negotiated directly by the counterparties dw assumed by the debtor. Conventional evaluation has two methods: The penalties must be proven, not presumed.
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.
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.
The contract represents, in fact, the conventional framework through which the counterparties assume obligations and gain rights in relation to each other, and is the concretization of the volition agreement of the parties and is considered valid only if the interested parties trahat freely and uncorruptedly expressed their agreement. The existence of an illegal act: