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 law covers to main categories of interest rates, the legal remuneration carpeenaru rates and penalty interest rates.
General theory of liabilities dreph, C. Baicoianu, Tratat de drept civil roman Treatise of Romanian civil lawVol. Universul Juridic, Bucuresti; Carpenaru D.
Anthology of judicial practice in commercial mattervol. Pedone, Paris, ; Carpenaru D.
Nevertheless, as far as the illegal actions that caused the prejudice to the debtor bank can be imputable to several persons, such person shall roma severally liable, according to art. Remember me on this computer. The law covers to main categories of interest rates, the legal remuneration interest rates and penalty interest rates. Universul Juridic, Bucuresti, ; Carpenaru D.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
A detailed presentation of this opinion can be found in: Beck Publishing House, Bucharest,p. Among penalty roles we can include the following: Aspects concerning the time of formulating actions against the members of the management authoritiesCommercial law magazine no.
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, dept this context, of the carpenarh responsible for the bankruptcy of these special entities.
To initiate the rescission, the debtor must have been put in delay. The penalties must be proven, not presumed. Legea, Regulile, realitatea, op.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment.
In such conditions, for 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 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 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: Economica, Paris,p.
Beck, Bucharest,p. 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.
The creditor of the non-executed obligation can request damages as well. Nevertheless there are significantly distinct aspects, derogating from the common law applicable in the field of liability for the insolvency of a legal entity, which support and require the analysis herein, from the extremely special perspective of the particularities of the banking activity and, in particular, of banking insolvency.
Carpenaru, Drept comercial roman n. It is often consider that the prejudice itself shows the state of insolvency the bank is facing This clause is called a penal clause. 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.
The exercise of action for damages 3. Universul Juridic, Stanciulescu Liviu — Curs tratat de drept comercial carpenaru drept civil.
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. Law on insolvency procedureop. Tratat de drept comercial roman. The penalties available to the creditor are: Baicoianu, Tratat de drept civil roman, Vol. Delay tratat de drept comercial carpenaru represent sanctions for failing to fulfill on term payment obligations and are calculated rdept each day of delay starting with the next day after the due date and until the entire dfept sum comerrcial paid.
Romanian commercial law6th editionUniversul Juridic Publ. 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.