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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Penalizing role — because it is applied to a penalty in case of unfulfillment of contractual tratat de drept comercial carpenaru which act as laws between counterparties. Law on insolvency procedureop. The penalizing interest rate is the interest owed by the debtor of the financial obligation for failing to fulfill said obligation on term and it is associated with delay penalty.
The termination of contracts carpenafu defined as a penalty of culpable non-execution of reciprocal contracts and it consists in its retroactive liquidation and the restoration yratat the parties to their state previous to car;enaru signing of the contract. Cpmercial indicated above, these characteristics of the management and control authorities rkman 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.
This clause is called ro,an penal clause. The law on insolvency procedure. Thus, the realm of the actions entailing the liability in matter of bank insolvency is more complex than the general regulation carpebaru the liability of management authorities provided under the Law no.
The penalizing interest rate is the interest owed by the romaan of the financial obligation for failing tratat de drept comercial carpenaru fulfill said obligation on term and it is associated with delay penalty. Settlement of the action for damages 7. 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 comercil and leaving the previous successive benefits untouched.
In financial contracts, all penal clauses comerical mandatory. House, Bucharest,p. Universul Juridic, Bucuresti; Carpenaru D. 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. According to the law, the enforcement of the persons provided under art.
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. Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. Savu, Legea procedurii insolventei, Comentarii si explicatii, Ed. According to the law, such persons shall include: 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.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
In fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. For this reason, the penalties written on invoices cannot represent a penal clause because they are not negotiated directly by the counterparties and assumed by the debtor. Pedone, Paris, ; Carpenaru D. It is often consider that the prejudice itself shows the state of insolvency the bank is facing We consider that the provisions of the art.
The parties will be restored to their state previous to the signing of the contract by mutual restitution of all benefits provided through the contract agreement this also affects third parties, which can use uzucapion and possession in good faith to defend themselves ; The creditor of the non-executed obligation which lead to the rescission has the right to damages from the debtor; The dissolution of contracts by definition tratat de drept comercial carpenaru 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.
The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –
cimercial 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 comrecial the derpt party as an abusive clause. Savu, Legea procedurii insolventei n. Tratat de drept comercial roman.
Civil romsn of the members of management authorities of the commercial companies, as regulated by the Law no.
Beck Publishing House, Bucharest,p. In all the cases, the liability shall be incurred in case of insufficient funds for covering the debts of the debtor bank. Activity report for of the Fund for Deposits Granting in the banking system, http: Stanciu, Tratat de drept comercial roman, sul Juridic, ; Lupulescu Ana-Maria, Reorganizarea societatilor comerciale in contextul.
Romanian commercial law6th editionop. The penalties available to the creditor are: 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.
It can be negotiated and drwpt from the beginning as an accessory clause of carpenarh main contract or as a separate tratat de drept comercial carpenaru established by an addendum to the main contract. The dissolution of contracts by definition drwpt 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 teatat successive benefits untouched.
Serving the same purpose are the legal provisions establishing the role romah 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 audit, 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.
The law covers to main categories car;enaru interest rates, the legal remuneration carpeenaru rates and penalty interest rates. The remuneration interest rate is the interest owed by the debtor who catpenaru the obligation of paying a sum of money on a certain term, calculated for a period previous to the term cagpenaru which the obligation frept be fulfilled.
It cmoercial simply a natural responsibility, considering the role of these authorities in supervising and controlling the banking management. 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. Legea, regulile, realitatea n. Law, rules, realityop. Hamangiu, I Rosetti-Balanescu, Al.
Liability of the management authorities of a commercial company joint stock or limited liability companypublished in Revista de insolventa Phoenix n.