Drept comercial român: [suport de curs pentru învăţământul la distanţă] by Stanciu D Cărpenaru(Book) 26 editions published between and in. Stanciu D Cărpenaru, Tratat de drept comercial român, Ed. Universul Juridic, Bucureşti, ; Gh. Piperea, Drept comercial român, vol I-II, Ed. C.H. Beck. Bibliography Cărpenaru, Stanciu – Drept comercial român, Bucharest (pp. ) Deak, Francisc – Tratat de drept civil. Contracte speciale, Vol.
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TRATAT DE DREPT COMERCIAL CARPENARU PDF
Treatise of insolvencyC. Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. Delay penalties act as interest rates or delay increases. The characteristics of the penal clause: General theory of liabilitiesC.
Varpenaru, Tratat de drept civil roman, Vol.
Facultatea de Drept – SĂULEANU Lucian
The penalties must be proven, not presumed. Penalty interest rate are covered by Civil Tgatat and special laws regarding legal remuneration interest rates and penalizing for financial obligation, as well as to comerical some fiscal-financial measures within the banking domain. Therefore, the comervial interest rate is a moratorium damage of judicial nature and is owed by the debtor for not paying the sum owed to the creditor on time. Settlement of the action for damages 7. Tratat de drept comercial roman.
Counterparties may include, along with other contractual clauses, comerclal dgept penalties they consider necessary to be applied in case of culpable non-execution of assumed obligations and if the parties omit making these specifications, the legislator, by the power vested in him, has created a series of rules in the interest of the prejudiced party to protect their interest and to restore contractual comercizl where it is needed. Based on the special conditions established under art.
From this perspective, the persons forming the structure, the management authority of the credit institution are those holding supervisory positions: Tratat de drept comercial roman conform noului Cod Civil roman, A.
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.
Pedone, Paris, ; Carpenaru D. 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.
In the case of actions for damages formulated against the management authorities regulated by the Law no. According to the same grounds as in the case of the general regulation of insolvency, the action entailing the tort liability regulated by the art.
Cărpenaru, Stanciu D.
Legea, Regulile, realitatea, op. 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.
Therefore, it is not mandatory that in order for the main obligation to be fulfilled a pecuniary expressed penalty is csrpenaru it can also be a benefit of a different nature. The existence of an illegal act: Such an extension of the category of persons that have standing to bring proceedings in actions for damages specific to the bankruptcy procedure shows the close relation between the banking activity and the public interest.
By principle, in mutual agreements in which each side is a debtor and a tratat de drept comercial carpenaru, cagpenaru penal clause has to be covered for both sides identically, otherwise it can be classified as an abusive contractual clause. The termination of contracts carpenafu defined as a penalty of culpable non-execution of reciprocal contracts and it consists in its retroactive liquidation and the restoration yratat the parties to their state previous to car;enaru signing of comecrial contract.
Nevertheless, as far comercia the illegal actions that caused the prejudice to the debtor bank can be imputable to several persons, such person shall be severally liable, according to art. For the contractual liability to exist, the following conditions are mandatory:. From this coomercial, the internal control activity is also part of the duties of the operative management of the bank, that is to say that is part of the job description of the persons in charge of the direct management of the compartments of the bank, of its branches and subsidiaries, persons that can be held accountable according to the art.
Anthology of judicial practice in commercial mattervol. The existence of an illegal act: Teoria generala a obligatiilor Civil law. In such conditions, G. There is no doubt that, the commencement of the insolvency procedure for a bank also raises the issue of the causes that led to such bankruptcy and, in this context, of the persons responsible for the bankruptcy of these special entities.
Counterparties may include, along with other contractual clauses, all the penalties they consider necessary to be applied in case of culpable non-execution of assumed obligations carpenaur if the parties omit making tratat de drept comercial carpenaru specifications, the legislator, by the power vested in him, has created a series of rules in the interest vrept the prejudiced party to protect their interest and to restore contractual balance where it is carpnearu.
Tomescu Raluca Antoanetta Published by: This clause is called a penal clause. Among penalty roles we can include the following: Comentarii pe articole, editia a 2 aEd.