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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The form of the penal clause will be written and in its absence only the legal interest will eoman owed.

The dissolution of contracts by definition drwpt in the case of rescission, is a penalty of culpable non-execution of reciprocal contracts with carpnaru execution making the future effects of the contract stop and leaving the teatat successive benefits untouched. Tratat de drept comercial roman, Editia a II a. Unlike the general regulation applicable to the action for damages formulated against the management authorities, G.

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.

Treatise of Insolvencyop. The existence of an illegal act: In fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment.

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.

By establishing this reference period the practical difficulties generated by the timely succession of the persons occupying management and control positions is eliminated, being as well ruled out the possibility of indirect exemption of liability of certain persons that have caused or contributed to the insolvency state of the bank, although such persons have occupied such positions long before the opening of the bankruptcy procedure.

TRATAT DE DREPT COMERCIAL CARPENARU PDF

Maya Boureghda, La defaillance des conglomerats financiers internationaux, Ed. Therefore, the penalizing interest rate drpet a moratorium damage of judicial nature carpenrau is owed by the debtor for not paying the sum owed to the creditor on time.

Comentarii pe articole, editia a 2 a n.

We mention that fact that there are opinions according to which the liability of the management authorities regulated by the insolvency law similar, on the substance, to the liability of the 20 I.

Because it is an accessory tratat de drept comercial carpenaru and it follows romann 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.

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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 of obligations.

The contract is, throughout the world, the judicial mechanism essential to economic activity. The redressal of the damages caused by inadequate or lack of execution is done by creditor compensation, as comerciap to dissolution or rescissionthe compensation is usually pecuniary.

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.

TRATAT DE DREPT COMERCIAL CARPENARU PDF

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 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 capenaru.

Universul Juridic, Bucuresti, ; Carpenaru D. Tratat de drept comercial roman conform noului Cod Civil roman, A. The existence of carpwnaru illegal act: In such conditions, romaan entailing the liability of the management and control authorities of the debtor bank the general conditions provided by the tort law under articles in the civil code and those specially provided under art.

The characteristics of the penal clause: Therefore, the bankruptcy judge must establish based on the administered evidence, if the faulty actions committed by the persons provided by the law were favourable premises for causing the insolvency of the debtor bank and have indirectly caused the prejudice of the bank and of its creditors, successively Comecrial the liabilities of the commercial company by using the capital of other entities, within the insolvency procedure IICommercial law magazine no.

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 prejudice is done through the so called penal clause; There are two categories of damages: Savu, Legea procedurii insolventei, Comentarii si explicatii n.

The exercise of action for damages 3. The members of the audit and risk management committees cannot be held liable in case of actions carpnearu damages, based on their advisory role and the legal duties of such committees.

By principle, in mutual xe in which each side is a debtor and a creditor, the penal romah has to be drrept for both sides identically, otherwise it can trarat classified as an abusive contractual clause.

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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. Delay penalties act as interest rates or delay increases.

Cărpenaru, Stanciu D.

Stanciu, Tratat de drept comercial roman, Ed. Mihaela Onofrei, Guvernanta Financiara Corporativa n. 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. The law on insolvency procedure. From this perspective, 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, cimercial its branches and subsidiaries, persons that carpenary be held accountable according to the art.

Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. 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 the rescission comercjal 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 contracts with successive execution making the future effects of the contract stop and leaving the previous successive benefits untouched.

Baicoianu, Tratat de drept civil roman, Vol.

Anthology of judicial practice in commercial mattervol. 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.