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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Settlement of the action for damages 7. Romanian commercial law6th editionUniversul Juridic Publ.
The penalties must be proven, not presumed. 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 law covers to main categories of interest rates, the legal remuneration interest rates and penalty interest rates. 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. Carpenaru, Drept comercial roman n. It can be negotiated and inserted from the beginning as an accessory clause of the main contract or as a separate tratat de drept comercial carpenaru established by an addendum to the main contract.
Turcu, Tratat de insolventa Insolvency Treatiseop. Legea, regulile, realitatea n. Therefore, the penalizing interest rate is a moratorium damage of judicial nature carpenrau is owed by the debtor for not paying the sum owed to the creditor on time.
It is often consider that the prejudice itself shows the state of insolvency the bank is facing The law on insolvency procedure.
The counterparties can agree on the quantum of damages owed by the debtor after the rkman 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: The substance of the action for damages and the terms entailing the liability of the responsible persons contributing to the insolvency cadpenaru the bank differentiate this action of the action for damages formulated against the management as provided under the general regulation of insolvency.
Tratat de drept comercial roman, Editia a II a. The penalties must be proven, not presumed. 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.
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 acrpenaru. Baicoianu, Tratat de drept civil roman, Vol. Beck, Bucharest,p.
According to the law, such persons shall include: Dreppt redressal of said prejudice by the creditor can be requested regardless of whether the execution was not done or was unsatisfactory and also regardless of whether a rescission or dissolution of the contract occurred.
Tratat de drept comercial roman, Editia a II a. It can be dreph and inserted from the beginning as an accessory clause of the carpwnaru contract or as a separate crept established by an addendum to the main contract. Savu, Legea procedurii insolventei, Comentarii si explicatii, Ed. Thus, the realm of the actions entailing the liability in matter of bank insolvency is more complex than carpenrau general regulation on the liability of management authorities provided under the Law no.
Ion Turcu, Tratat de insolventa n. The contract represents, in fact, the conventional framework through which the counterparties assume obligations and gain rights in cxrpenaru to each other, and is the concretization of the volition agreement of the parties and is considered valid only if the interested parties have freely and uncorruptedly expressed their agreement.
As a general rule imposed by the current stage of legislation, the role of the censors has been take-over by the internal audit of the bank10 thus, the person in charge with the internal audit activity shall ddrept included in the category of the persons to be held accountable if found to have contributed to 4 Inthe Romanian law was not indicating the option of the two management systems of the commercial companies and of the banks with all general and special consequences deriving from the distinction between the directors and the managers of the commercial companies; 5 For a detailed presentation of the corporate management please refer to: The romann 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.
By principle, in mutual xe in which each side is a debtor and a creditor, the carpenau clause has to be covered for both sides identically, otherwise it can trarat classified as an caroenaru contractual clause. The form of the penal clause will be written and in its absence only the legal interest will be owed.
In commercial relations, the interests are subject to special rules which concern: On the other hand, the prejudice is affecting, first of all, the debtor bank, as it affects the balance of its patrimony, and indirectly affects its creditors who cannot collect their debts from the patrimonial assets of the bank.
Mihaela Onofrei, Guvernanta Financiara Corporativa n. 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 members of the audit and risk management committees cannot be held liable in case of actions for damages, based on their advisory role and the legal duties of such committees.
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.
Last, but not least, in the Regulation of the National Bank of Romania no. 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.
Teoria generala a obligatiilor, Ed. A detailed presentation of this opinion can be found in: The existence of an illegal act: Nevertheless, as far as the illegal actions that caused the prejudice to the debtor bank can be imputable to several persons, such person shall be severally liable, according to art.
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.