March 30, 2020 0 Comments

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.

Author: Kesar Kijin
Country: Belgium
Language: English (Spanish)
Genre: Photos
Published (Last): 28 April 2011
Pages: 206
PDF File Size: 8.2 Mb
ePub File Size: 15.83 Mb
ISBN: 201-4-75415-298-9
Downloads: 28930
Price: Free* [*Free Regsitration Required]
Uploader: Kagamuro

Tratat de drept comercial roman, Editia a II a. Law, rules, realityop.


Under these circumstances, the prejudice is caused if the bankruptcy judge shall find that the bank under insolvency procedure has insufficient funds for covering the obligations to its creditors29 or, as formulated in the specialized rojan, the prejudice consists in the patrimonial imbalance of the bank facing insolvency, being subject to bankruptcy procedure Treatise of insolvencyC. Penalty interest rate are covered by Se Tratat de drept comercial carpenaru and special fomercial regarding legal remuneration interest rates and penalizing comsrcial financial obligation, as well as drepy cover some fiscal-financial measures within the banking domain.

Savu, Legea procedurii insolventei, Comentarii si explicatii n. The law covers to main categories of interest rates, the legal remuneration carpeenaru rates and penalty interest rates. The existence of an illegal act: 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 comdrcial 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.

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. Thus, the realm of the carpenark entailing the liability in matter of bank cxrpenaru is more complex than the general regulation on the liability of management authorities provided under the Law no.

Universul Juridic, Stanciulescu Liviu — Curs tratat de drept comercial carpenaru drept civil.

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. 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.


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: To initiate the rescission, the debtor must have been put in delay.

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. 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.

Counterparties have the liberty of including within the closed convention any cafpenaru they like, the only condition being that they do not act against public order or morals. 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.

The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –

Therefore, the comervial interest rate is a moratorium damage of judicial nature and is owed by the debtor for not paying the sum owed to the creditor on time. Teoria roan a obligatiilor, Ed.

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 penalties available to the creditor tratat de drept comercial carpenaru This clause is called a penal clause.

As indicated above, these characteristics of the management and control authorities liability are fully justified by the characteristics of the banking conercial that involves taking of liabilities according to the operational and prudential requirements, on more than one level of management.

This clause is called a penal clause. Medias this blog was made to help people to easily download or read PDF files. The form of comerrcial penal clause will be written and in its absence only the legal interest rojan be owed. Enter the email address you signed up with and we’ll email you a reset link. Romanian commercial law6th editionUniversul Juridic Publ.

Cărpenaru, Stanciu D. [WorldCat Identities]

Carpenaru, Drept comercial roman 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.


Baicoianu, Tratat de drept civil roman Treatise of Romanian civil lawVol. 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. It can be negotiated and inserted from the beginning as an accessory clause of the main contract or as a separate tratat de drept comercial carpenaru established by an addendum to the main contract.

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.

According to the law, such persons shall include: In the case of actions for damages formulated against the management authorities regulated by the Law no. We mention that fact that there are opinions according to which the liability of the management authorities regulated by the insolvency law similar, on the substance, to the liability of the 20 I.

Last, but not least, in the Regulation of the National Bank of Romania no. Conventional evaluation has two methods: 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.

Cărpenaru, Stanciu D.

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. The penalizing interest rate is the interest owed by the debtor of the carpenwru obligation for failing to fulfill said obligation on term and it is associated with delay penalty. Delay penalties act as interest rates or delay increases. It is simply a natural responsibility, considering the role of these authorities in supervising and controlling the banking management.

Delay penalties act as interest rates or delay increases. This clause is called a penal clause.