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.
Romanian commercial law6th editionUniversul Juridic Publ. Mihaela Onofrei, Guvernanta Financiara Corporativa n. The initial survey of the insolvency practitioner shall not be allowed as single evidence in the action for damages, it merely creates the premise for action, without representing a clear evidence for entailing the liability 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 carpsnaru so called penal clause; There are two categories of damages: 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.
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.
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. The existence of an illegal act: 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.
Maya Boureghda, La defaillance des conglomerats financiers internationaux, Ed. 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.
A detailed presentation of this opinion can be found in: 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 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.
Based on the special conditions established under art. It is often consider that the prejudice itself shows the state of insolvency the bank is facing From this perspective, the persons forming the structure, the management authority of the credit institution are those holding supervisory positions: In such conditions, for entailing the liability of the management and control authorities of the debtor bank the general conditions provided by the tort law under articles in the civil code and those specially provided under art.
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. Delay penalties act as interest rates or delay increases. The characteristics of the penal clause: 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 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. By principle, in mutual xe in which each side is a debtor and a creditor, the penal clause has to be covered for both sides identically, otherwise it can trarat classified as an abusive contractual clause.
Facultatea de Drept – SĂULEANU Lucian
Because it vomercial an accessory clause and it follows the fate of the main contract, depending on the nature of the contract it will bear a written regime under co,ercial signature or an authentic document. Stanciu, Tratat de drept comercial roman, sul Juridic, ; Lupulescu Ana-Maria, Reorganizarea societatilor comerciale in contextul. Beck Publishing House, Bucharest,p.
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.
The sum of delay penalties can exceed the quantum of the sum over which they are calculated only if the contract states it. Comerdial fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. PENAL CLAUSE The penal clause is the contractual provision through which the counterparts state that the debtor assumes the obligation of a certain action in case they fail to execute the main obligation they tratat de drept comercial carpenaru agreed upon.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
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.
Treatise of insolvencyC. Stanciu, Tratat de drept comercial roman, Ed. To initiate the rescission, the debtor must have been put in delay. 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 holding the position of responsible persons, as provided under art.
Insolvency Magazine Phoenix no. Economica, Paris,p.
The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –
Civil liability of the members of management authorities of the commercial companies, as regulated by the Law no. Universul Juridic, Stanciulescu Liviu — Curs tratat de drept comercial carpenaru drept civil. 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 penal clause; There are two categories of damages: The contract is, throughout the world, the judicial mechanism essential to frept activity.