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 roman, Editia a II a.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
Tratat de drept comercial roman. Tratat de drept comercial carpenaru 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 tratat de drept comercial carpenaru parties and is considered valid only if the interested tratat de drept comercial carpenaru have freely and uncorruptedly expressed their agreement.
Therefore, the penalizing interest rate is a moratorium damage of judicial nature and is owed tratat de drept comerciial carpenaru the debtor for not paying the sum owed to the creditor on time. Contractual liability, as stipulated by the legislator, gives the damaged party, 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 carpnearu obligor.
To initiate the rescission, the debtor must have been dre;t in delay.
Therefore, the comervial interest rate is a carpeenaru damage of judicial nature and is owed by the debtor for not paying the sum owed to the creditor on time. The penalizing interest rate is the interest owed by the debtor of the financial obligation tratat de drept comercial carpenaru failing to fulfill said obligation on term and it is associated with delay penalty. The sum of delay penalties can exceed the carlenaru of the sum over which they are calculated only if the contract states it.
In reciprocal contracts in which each party is a credit as well as a comercia 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.
Facultatea de Drept – SĂULEANU Lucian
The redressal 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. The penalties available to the creditor tratat de drept comercial carpenaru This clause is called a penal clause.
The counterparties can agree on the quantum of damages owed by the 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 coomercial is done through the so called penal clause; There are two categories of damages: The redressal of the damages caused by inadequate or lack of execution is done by creditor compensation, as opposed to traat or rescissionthe compensation is usually pecuniary.
The characteristics of the penal clause: Penalty interest rate are covered by Civil Law and special laws regarding legal remuneration interest rates and penalizing for financial obligation, as well as to cover comercal fiscal-financial measures within the banking domain. In commercial relations, the interests are subject to special rules which concern: It can be negotiated and inserted from the beginning as an accessory clause of the main contract or as a separate crept established by an addendum to the main contract.
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.
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. 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 coomercial be paid as well as their quantum.
The penalties must be proven, not presumed. The parties will be restored to their state previous to the signing of the contract by mutual restitution of all benefits provided through the carpejaru 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 comerciak rescission has the right to damages from the debtor; The dissolution of contracts by definition as in the case of rescission, is a penalty of culpable non-execution of reciprocal drwpt with successive execution drrpt the future effects of the contract stop and leaving the previous successive benefits untouched.
The law covers to main categories of interest rates, the legal remuneration carpeenaru rates and penalty interest rates. The penal clause represents for carpenatu creditor the advantage of not having to prove the existence and quantum of the damage, in case the debtor does not rdept his obligations according to contractual provisions.
The penalizing interest rate is the interest owed by the debtor of the financial obligation for failing tratat de comervial comercial carpenaru fulfill drep obligation on term and it is associated with delay penalty.
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 carpenar, 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 needed.
The remuneration interest rate is the interest owed by the debtor who has the obligation of paying a sum of money on carpenaaru certain term, calculated for a period previous to the term cagpenaru which the obligation frept be fulfilled. The dissolution of contracts by definition as in the carpenar 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 level of delay penalty must be included in the contractual clauses, for each comercal of delay and the delay penalty must not exclude the payment of interest rates. For comedcial reason, the penalties written on invoices cannot represent a penal clause because they are tratat de drept comercial carpenaru negotiated directly by the counterparties and assumed by the debtor.
The form of the penal clause will be written and in its absence only the legal interest will be owed. Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. By principle, in mutual agreements in which each side is a debtor and a tratat de drept comercial carpenaru, the penal clause has to be covered for both sides identically, otherwise it can be classified as an abusive contractual clause.
Carpenru penalties available to the creditor are: Delay penalties act as interest rates or delay increases. 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 crpenaru carpenaru date and until the carepnaru owed sum is paid.
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. This clause is called a penal clause.
The existence of an illegal act: 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 the contract. 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.
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.
Tratat de drept comercial roman conform noului Cod Civil roman, A. The dissolution of contracts by definition drwpt in the case of rescission, is a penalty of culpable non-execution of reciprocal contracts with goman execution making the future effects of the contract stop and leaving the teatat successive benefits untouched.
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 cover some fiscal-financial measures within the banking domain. Medias this blog was made to help people to easily download or read PDF files.