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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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.
Settlement of the action for damages 7. 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 roan prejudice brought to them through the culpable non-execution of contractual obligations by the obligor.
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 an abusive clause.
Conditions of liability 6. Help Center Find new research papers in: 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.
Teoria generala a obligatiilor, Ed. In the case of actions for damages formulated against the management authorities regulated by the Law no.
Cărpenaru, Stanciu D.
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. The substance of the action for damages and the terms entailing the liability of the responsible persons contributing to the insolvency of the bank differentiate this action of the action for damages formulated against the management as provided under the general regulation of insolvency.
Therefore, I consider the contractual liability is not only a particularly interesting and vast domain, but also complex from a judicial point of view due to the tratat de drept comercial carpenaru it can produce, depending on their applicability in space and time.
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 deept the non-executed obligation which lead to the 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 contracts with successive execution making the future effects of the contract stop and leaving the previous successive benefits untouched.
Delay penalties act as interest rates comerciap delay increases. 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 It is often consider that the prejudice itself shows the state of insolvency the bank is facing Carpenarh Publishing House, Bucharest,p.
The initial survey of the insolvency practitioner shall not be allowed as single evidence in the action for damages, it merely creates the premise for action, without representing a clear evidence for entailing the liability Civil liability of the members of management authorities of the commercial companies, as regulated by the Law no. 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 new insolvency law. 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.
Romanian commercial law6th editionUniversul Juridic Publ. 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.
Mihaela Onofrei, Guvernanta Financiara Corporativa n. The burden of proof regarding the compliance with all the conditions entailing the liability shall dreppt with the parties bringing proceedings for the action for damages 26, according comervial the provisions of the art. Law on insolvency procedureop.
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.
Turcu, Tratat de insolventa Insolvency Treatiseop. The creditor of the non-executed obligation can request damages as well. 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 an abusive clause.
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. Under these circumstances, 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 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
Beck, Bucharest,p. 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.
The sum of delay penalties can exceed the quantum of the sum over which they are calculated only if the contract states it. Enter the email address you signed up with and we’ll email you a reset link. Treatise of insolvencyC. The law on insolvency procedure.
General theory of liabilitiesC. 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.
Facultatea de Drept – SĂULEANU Lucian
Serving the same purpose are the legal provisions establishing the role of these persons in the banks activity; such role required that the persons appointed for managing the structures in charge of the risk management and control, internal audit, compliance, treasury, credits, as well as any other activities that can expose the credit institution to significant risks must enjoy a good reputation and expertise adequate to the nature, extent and complexity of the credit institution activity and of the responsibilities assigned to them, must carry out their activity according to the rules of a prudent and healthy banking practice and must receive the approval of the National Bank of Romania prior to beginning their activity art.
In fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. 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. 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.
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.
As indicated above, these characteristics of the management and control authorities liability are fully justified by the characteristics of the banking activity that involves taking of liabilities according to the operational and prudential requirements, on more than one level of management. The penalties available to the creditor tratat de drept comercial carpenaru This clause is called a penal clause.