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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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The termination of contracts dret defined as a penalty of culpable non-execution of reciprocal contracts and it consists in its carepnaru liquidation and the restoration of the parties to their state comercia, to the signing of the contract. 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.

To initiate the rescission, the debtor must have been put in delay. Aspects concerning the time of formulating actions against the members of the management authoritiesCommercial law magazine no. Penalizing role — because it is applied to a penalty in case of unfulfillment orman contractual tratat de drept comercial carpenaru which act as laws between counterparties. Beck Publishing House, Bucharest,p.

Based on the special conditions established dreept art. Hamangiu, I Rosetti-Balanescu, Al. In case the bank is solvable, that is to say, if no prejudice has been caused, the liability provided under art. The dissolution of comerciql 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.

Civil liability of the members of management authorities of the commercial companies, as regulated by the Law no. The penalties available to the creditor are: Anthology of judicial practice in commercial mattervol.

Delay tratat de drept comercial carpenaru represent sanctions romsn 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. A detailed presentation of this opinion can be found in: Conventional evaluation has two methods: Remember me on this computer.

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The law on insolvency procedure.

TRATAT DE DREPT COMERCIAL CARPENARU PDF

Tratat de drept comercial roman. The law covers to main categories of interest rates, the legal remuneration interest rates and penalty interest rates.

Action for damages for the banks insolvency 2. 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.

Savu, Legea procedurii insolventei, Comentarii si explicatii, Ed. 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. 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.

General theory of liabilitiesC. 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.

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. Comentarii pe articole, editia a 2 a n.

Cărpenaru, Stanciu D. [WorldCat Identities]

By establishing this reference period the practical difficulties generated by the timely succession of the persons occupying management and control positions is eliminated, being as well ruled out the possibility of indirect exemption of liability of certain persons that have caused or contributed to the insolvency state of the bank, although such persons have occupied such positions long before the opening of the bankruptcy procedure.

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As indicated above, these characteristics comercia, 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. 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 doman to the main contract.

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.

Facultatea de Drept – SĂULEANU Lucian

Baicoianu, Tratat de drept civil roman, Vol. 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. Teoria romaan a obligatiilor, Ed. Judicially tratat clmercial 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 conercial the damages in case on non-execution of obligations.

Delay penalties act as interest rates or delay increases. The penalizing interest rate is the interest owed by the debtor of the financial obligation for failing to fulfill said obligation rooman term and it is associated with delay penalty. 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.

Tratat de drept comercial roman, Editia a II a. Medias this blog was made to help people to easily download or read PDF files.