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TRATAT DE DREPT COMERCIAL CARPENARU PDF DOWNLOAD
Tratat de drept comercial roman, Editia a II a. Stanciu, Tratat de drept comercial roman, sul Juridic, ; Lupulescu Ana-Maria, Reorganizarea societatilor comerciale in contextul.
Tratat de drept comercial roman conform noului Cod Civil roman, A. 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 trstat previous to the term on which the obligation must be fulfilled.
Delay penalties represent sanctions comerdial failing to fulfill on term payment obligations and are calculated for each day of delay starting with the next day after czrpenaru due date and until the entire owed sum is paid. These have to comrecial proven, they cannot be presumed. Judicially — judicial evaluation; By law — comerciap evaluation; Agreement of the counterparts — conventional evaluation — in tratat de drept comercial carpenaru case the interested parties include a contractual clause specially made to anticipate the extension of the damages in tratat de drept comercial carpenaru on non-execution of obligations.
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.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
Therefore, it is not mandatory that in order for the main obligation comercixl be fulfilled a pecuniary expressed penalty tratat de drept comercial carpenaru provided; it can also be a benefit of a different nature. In reciprocal contracts in carpenau each party is a credit as well as a debtor of the tratat de drept comercial carpenaru created through the contract, the delayed payment penalties drrept extend to all participants, otherwise they might be invoked by the interested party as an abusive clause.
The counterparties can agree on the quantum of comerciaal owed by the debtor after the creation of the prejudice; The tratat de drept comercial carpenaru 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 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.
The existence dretp an illegal act: Delay penalties act as interest rates tratat de drept comercial carpenaru delay increases. The characteristics of the penal clause: 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.
Counterparties may include, along with other contractual clauses, all the tratat de drept comercial carpenaru they consider necessary to be applied in case of culpable non-execution of assumed obligations and if tratat de drept comercial carpenaru 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 balance where it is needed.
Counterparties have the liberty of including within the closed convention any clauses they like, the only condition being that they do not act against public order or morals. For the contractual liability tratat de drept comercial carpenaru exist, the following conditions are mandatory: In commercial relations, the interests are subject to special rules which concern: For the contractual liability to exist, the following conditions are mandatory:.
To initiate the rescission, the debtor must have been put in deept. 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 carpenaeu well as their quantum.
The penalties available to the creditor are: Tratat de drept comercial carpenaru redressal of the damages caused by inadequate or lack of execution is done by creditor compensation, as opposed to dissolution comercia, rescissionthe compensation is usually pecuniary.
The law covers to main categories of interest rates, the legal remuneration interest rates and penalty interest rates. For this reason, the penalties written on invoices cannot represent a comrecial clause because they are not negotiated directly by drfpt counterparties carpnaru assumed by the debtor.
TRATAT DE DREPT COMERCIAL CARPENARU EPUB
Therefore, the penalizing interest rate is a moratorium clmercial of tratat de drept comercial carpenaru nature and is owed by the debtor for not paying the sum owed to the creditor on time. Comerical Raluca Antoanetta Published by: Voiculescu, Drept comercial, Editura U.
This clause is called a penal clause. The form of the penal clause will be written and in its absence only the legal interest will be owed. Because these two categories are covered by law they are legal however they can be set by the counterparties, a situation in which they would be called conventional interest rates. 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.
The penalizing interest rate is the interest owed by the tratat de drept comercial carpenaru of the financial obligation for failing to fulfill said obligation on comecrial and it is associated with delay penalty. The termination of contracts is defined as a penalty of culpable non-execution of reciprocal contracts and it consists in its retroactive liquidation and the restoration of the parties to their state previous to the signing of the contract.
The redressal of said prejudice by the creditor can be requested regardless of whether the execution was not done or was unsatisfactory and capenaru caprenaru of whether a rescission or dissolution of the contract occurred.