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: Taushicage Kazirisar
Country: Colombia
Language: English (Spanish)
Genre: Technology
Published (Last): 19 May 2011
Pages: 187
PDF File Size: 17.62 Mb
ePub File Size: 7.13 Mb
ISBN: 779-7-40495-353-3
Downloads: 10291
Price: Free* [*Free Regsitration Required]
Uploader: Kajim

The penal clause is the contractual provision through which the counterparts state tratat de drept comercial carpenaru the debtor assumes the obligation of a certain action in case they fail to execute tratat de drept comercial carpenaru main obligation they have agreed upon. Civil liability of the members of management authorities of the commercial companies, as regulated by the Law no.

Based on the special conditions established under art. Stanciu, Tratat de drept comercial roman, Ed. The penalties must be proven, not presumed. Tratat de drept comercial roman conform noului Cod Civil roman, A. Universul Juridic, Bucuresti; Carpenaru D. 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.

Turcu, Madalina Stan, Acoperirea pasivului societatii comerciale din averea altor persoane, in procedura insolventei n. 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.

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. Pedone, Paris, ; Carpenaru D.

The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –

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.

Tratat de drept comercial roman, Editia a II a. This clause is called a penal clause. Dreppt redressal of said prejudice by the creditor can be requested regardless of whether the execution was not done or was unsatisfactory and also regardless of whether a rescission or dissolution of the contract occurred. Comentarii pe articole, editia a 2 aEd. In case the bank is solvable, that is to say, if no prejudice has been caused, the liability provided under art.

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.


Ion Turcu, Tratat de insolventa n. Serving the same purpose are the legal provisions establishing the role of these persons in the banks activity; such role required that the persons rmoan 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 dfept National Bank of Romania prior to beginning their activity art.

Medias carpenaeu blog was made to help people to easily download or read PDF files. 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.

In commercial relations, the interests are subject to special rules which concern: Remember me on this computer.

Liability of the management authorities of a commercial company joint stock or limited liability companypublished in Revista de insolventa Phoenix n.

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 period previous to the term on which the obligation must be fulfilled. This clause is called a penal clause.

The penal clause represents for the creditor the advantage of not having to prove comsrcial existence and quantum of the damage, in case the debtor does not fulfill his obligations according to contractual provisions.

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. In financial contracts, all penal clauses are mandatory. 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 by the interested party as an abusive clause.

The form of the penal clause will be written and in its absence only the legal interest will be owed. Hamangiu, I Rosetti-Balanescu, Al.

Cărpenaru, Stanciu D.

Penalty interest rate are covered by Civil Law 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.

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 literature, the prejudice consists in the patrimonial imbalance of the bank facing insolvency, being subject to bankruptcy procedure Aspects concerning the time of formulating actions against the members of the management authoritiesCommercial law magazine no.

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. Preventive role — determines the party which assumes the obligations derived from the contract to fulfill them on tratat de drept comercial carpenaru to avoid paying extra sums of money. Anthology of judicial practice in commercial mattervol.

Romanian commercial law6th editionUniversul Juridic Publ. Legea, regulile, realitatea n. The sum of delay penalties can exceed the quantum of the sum over which they are calculated only if the contract states it.

Comments carpnaru explanationsEd. As a general rule imposed by the current stage of legislation, the role of the censors has been take-over by the internal audit of the bank10 thus, the person in charge with the internal audit activity shall be comerciaal in the category of the persons to be held accountable if found to have contributed to 4 Inthe Romanian law was not indicating the option of the two management systems of the commercial companies cqrpenaru of the banks with all general and special consequences deriving from the distinction between the directors and the managers of the commercial companies; 5 For a detailed presentation of the corporate management please refer to: Baicoianu, Tratat de drept civil roman, Vol.

A detailed presentation of this opinion can be found in: For dtept contractual liability to exist, the following conditions are mandatory:. Settlement of the action for damages 7. Tratat de drept comercial roman conform noului Cod Civil roman, A.

In such conditions, G. Enter the email address you signed up with and we’ll email you a reset link.

The substance of the action for damages and the terms entailing the liability of the responsible persons contributing to the insolvency of the bank differentiate this action of the action for damages formulated against the management as provided under the general regulation of insolvency.

Therefore, the comervial interest rate is a moratorium damage of judicial nature and is owed rojan the debtor for not paying the sum owed to the creditor on time. By the nature of its activity, any bank is permanently facing risks romxn in the normal business process, in particular the insolvency risk.