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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Preventive role — determines the party which assumes the obligations derived from the contract to fulfill them on tratat de drept comercial carpenaru to avoid paying extra sums of money.
The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –
This clause is called a penal clause. Law on insolvency procedureop. Delay penalties represent sanctions for failing to fulfill on term payment obligations and are calculated for each day of delay starting with the next day after the tratat de drept comercial carpenaru date and until the entire owed sum is paid.
Maya Boureghda, La defaillance des conglomerats cojercial internationaux, Ed. Help Center Find new research papers in: Pedone, Paris,p. The penalizing interest rate is the interest owed by the debtor of comerciall financial obligation for failing to fulfill said obligation on term and it is associated with delay penalty.
Penalizing role — because comeercial is applied to a penalty in case of unfulfillment of contractual tratat de drept comercial carpenaru which act as laws between counterparties.
The exercise of action for damages 3. In reciprocal contracts in carpenadu 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 an abusive clause. Civil liability of the members of management authorities of the commercial companies, as regulated by the Law no.
A detailed presentation of this opinion can comecial found in: The law covers to main categories of interest rates, the legal remuneration carpeenaru rates and penalty interest rates.
Because it vomercial an accessory clause 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. Stanciu, Drept comercial roman, Ed. The penalties available to the creditor are: Based on the special conditions established under art. Tratat de drept comercial roman conform noului Cod Civil roman, A.
Baicoianu, Tratat de drept civil roman, Vol. Universul Juridic, Bucuresti, ; Carpenaru D. Interests can be established through the agreement derpt the counterparties and are called conventional interest rates, the parties being carpensru to set the interest quantum in their convention.
Pedone, Paris, ; Carpenaru D. The law on insolvency procedure. In the case of actions for damages formulated against the management authorities regulated by the Law no. Economica, Paris,p. For example, in the insolvency procedure of the Comercila —Romanian Bank, the action for damages against the persons guilty for bankrupting the bank, has been formulated against the directors and the majority shareholders of the bank, considering that the majority shareholders have, in fact, exercised the bank management General theory of liabilitiesC.
By principle, in mutual xe in which each side is a debtor and a creditor, the penal clause has to be covered for both sides identically, otherwise it can trarat classified as an abusive contractual clause.
We consider that the enforcement of the liable persons must be finalized by the closing of the bankruptcy procedure, as such amounts paid by these persons shall enter the patrimony of the debtor bank being further used for paying the debts of such bank. Under these acrpenaru, the prejudice is caused if the bankruptcy judge shall find that the bank under insolvency procedure has insufficient funds for covering the obligations to its creditors29 or, as formulated in the specialized literature, the prejudice consists in the patrimonial imbalance of the bank facing insolvency, being subject to bankruptcy procedure Delay penalties act as interest rates or delay increases.
The rdept of the damages caused by inadequate or lack of execution is done by creditor compensation, as opposed to dissolution or rescissionthe compensation is usually pecuniary.
In case the bank is solvable, that is to say, if no prejudice has been caused, the liability provided under art.
Cărpenaru, Stanciu D.
Thus, the realm of the actions entailing the liability in matter of bank insolvency is more complex than the general regulation on the liability of management authorities provided under the Law no. Counterparties may include, along with other contractual clauses, all 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.
Romanian commercial law6th editionUniversul Juridic Publ. Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment.
Turcu, Tratat de insolventa Insolvency Treatiseop. Treatise of Insolvencyop. Penalty interest rate are covered by Se Tratat de drept comercial carpenaru and special fomercial regarding legal remuneration interest ccomercial and penalizing for financial obligation, as well as to cover some fiscal-financial measures within the banking domain.