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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Cărpenaru, Stanciu D.

The National Bank of Romania is not a regular participant in the bankruptcy procedure; however, its permanent presence and the control exercised in relation to such procedure are obvious. Romanian commercial law6th editionop. Delay tratat cometcial 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 owed sum is paid.

The creditor of the non-executed obligation can request damages as well. 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. It can be cimercial 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.

House, Bucharest,p. Comments and explanationsEd.

The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –

cxrpenaru The self-referral of the bankruptcy judge represents an actual derogation from the principle of availability in the civil proceedings, characterising both the insolvency procedure regulated by the Law no. The liability for banks insolvency.

To initiate the rescission, the debtor must have been put in delay. The characteristics of the penal clause: The level of delay penalty must be included in the contractual clauses, for each day of delay and the delay penalty must not exclude the payment of interest rates. Based on the special conditions established under art. The penal clause represents for the creditor the advantage of not having to prove the existence and quantum of the damage, in case the debtor does not fulfill his obligations according to contractual provisions.


Universul Juridic, Bucuresti; Carpenaru D. 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.

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 the obligor.

Tratat de drept comercial roman conform noului Cod Civil roman, A. 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.

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.

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. Savu, Legea procedurii insolventei n. The law on insolvency procedure.

The dissolution of contracts by definition drwpt in the case romab 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 teatat successive benefits untouched.

The penalties available to the creditor tratat de drept comercial carpenaru This clause is called a penal clause. Romanian commercial law6th editionUniversul Juridic Publ. By the nature of its activity, any bank is permanently facing risks encountered in the normal business process, in particular the insolvency risk. Tratat de drept comercial roman conform noului Cod Civil roman, A. Tratat de drept comercial carpenaru contract represents, carpenark fact, the comrecial 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.


Remember me on this computer. Medias this blog romna made to help people to easily download or read PDF files. The distinction is important, as in the case of the formal authorities in charge with the management and control of the bank, the simple existence of such qualities represents the compliance with the condition required for romab the position of responsible persons, as provided under art. The penal clause, therefore, has a dual character: The contract is, throughout the world, the judicial mechanism essential to economic activity.

Delay penalties act as interest rates or delay increases.


The level of carpenrau penalty must be included in the contractual clauses, for each day of delay and the delay penalty must not exclude the payment of interest rates. 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 ccomercial covers to main categories of interest rates, the legal remuneration carpeenaru rates and penalty interest rates. This clause is called a penal clause. The penalties available to the creditor are: Enter the email address you signed up with and we’ll email you a reset link. In all the cases, the coomercial shall be incurred in case of insufficient funds for covering the debts of the debtor bank.

Unlike the general regulation art.