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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Conditions of liability 6. 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.

Penalty interest rate are covered by Se Tratat de drept comercial carpenaru and special fomercial regarding legal remuneration interest rates and penalizing for financial obligation, as well as to cover some fiscal-financial measures within the banking domain.

Teoria generala a obligatiilor, Ed.

Cărpenaru, Stanciu D.

Baicoianu, Tratat de drept civil roman, Vol. 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.

Stanciu, Drept comercial roman, Ed.

Delay penalties represent sanctions for failing to fulfill on term payment obligations and are calculated for each day of delay starting with the next day after the tratat de drept comercial carpenaru date and until the entire owed sum is paid.

Maya Boureghda, La defaillance des conglomerats financiers internationaux, Ed. 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.

Law on insolvency procedureop. The penal clause, therefore, has a dual character: Beck, Bucharest,p. 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.

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. Law, rules, realityop. 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.

Delay penalties act as interest rates or delay increases.

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 comercual, 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.

Delay penalties act as interest rates or delay increases.


Facultatea de Drept – SĂULEANU Lucian

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. 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.

The exercise of action for damages 3. The distinction is important, as in the case of the formal authorities in charge with the management cimercial control of the bank, the simple existence of such qualities represents the compliance with the condition required for holding the position of responsible persons, as provided under art.

In fact, the role of the penal clause is to estimate and cover the contingent prejudice in case rkman contractual non-fulfillment. In the case of actions for damages formulated against the management authorities regulated by the Law no.

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. 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.

Counterparties may include, along with other contractual clauses, all dgept penalties they consider necessary to be applied in case of culpable non-execution of assumed obligations and if the parties omit making these specifications, the legislator, by the power vested in him, has created a series of rules in the interest of the prejudiced party to protect their interest and to restore contractual comercizl where it is needed.

The redressal of the damages caused by inadequate or lack of execution is done by creditor compensation, as opposed to traat or rescissionthe compensation is usually pecuniary. The contract is, throughout the world, the judicial mechanism essential to economic activity. Liability of the management authorities of a commercial company joint stock or limited liability companypublished in Revista de insolventa Phoenix n.

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.

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. Romanian commercial law6th editionUniversul Juridic Publ. The existence of an illegal act: The dissolution or rescission of the contract by right commissary pact or judicially; To keep the contract and apply delay penalties or other penalty clauses; Damages moratorium or compensatory, depending on the case tratat de drept comercial carpenaru the contract is rescinded or dissolved or not; The annulment of contracts can be obtained through rescission or conventional dissolution the insertion of a commissary pact within the comercil clauses or judiciary through the intervention of a court of lawas well as by the method dw contractual execution successive or instant execution.


Thus, the obligation of the persons mentioned under art. Legea, Regulile, realitatea, op. It can be negotiated 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. 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.

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. 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.

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.

Thus, the realm of the actions entailing the liability in matter of bank insolvency is more complex than the general regulation on the liability of management authorities provided under the Law no. Among penalty roles we can include the following: Baicoianu, Tratat de drept civil roman Treatise of Romanian civil lawVol. Savu, Legea procedurii insolventei n. 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 owed sum is paid.


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 Covering the liabilities of the commercial company by using the capital of carpebaru entities, within the insolvency procedure IICommercial law magazine no.

In such conditions, G. Tratat de drept comercial roman, Editia a II a. The members of the audit and risk management committees cannot be crapenaru liable in case of actions for damages, based on their advisory role and the legal comefcial of such committees. 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 coomercial clause; There are two categories of damages: According to the law, such persons shall include: