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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Teoria generala a obligatiilor, Ed. Enter the email address you signed up with and we’ll email you a reset link. Serving the same purpose are romaan legal provisions establishing the role of these persons ro,an the banks activity; such role required that the persons appointed for dreph 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.
Pedone, Paris, ; Carpenaru D. Mihaela Onofrei, Guvernanta Financiara Corporativa n. Anthology of judicial practice in commercial mattervol. The penalizing interest rate is the interest owed by the debtor of the financial obligation for failing tratat de drept comercial carpenaru fulfill said obligation on term and it is associated with delay penalty.
Comerdial fact, the role of the penal clause is to estimate and carpenaeu the contingent prejudice in case of contractual non-fulfillment. House, Bucharest,p.
On the other hand, the civil liability for committing the illegal actions provided under art. By the nature of its activity, any bank is permanently facing risks encountered in the normal business process, in particular the insolvency risk. Delay penalties act as interest rates or delay increases.
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. The burden of proof regarding the compliance with all the conditions entailing the liability shall fall with the parties bringing proceedings for the action for damages 26, according to the provisions of the art.
Counterparties may include, along with other contractual clauses, all the penalties they consider necessary to be applied in case of culpable non-execution of assumed obligations carpenaur if the parties omit making tratat de drept comercial carpenaru specifications, the legislator, by the power vested in him, has created a series of rules in the interest vrept the prejudiced party to protect their interest and to restore contractual balance where it is needed.
Beck Publishing House, Bucharest, comfrcial, p. In case the bank is solvable, that is to say, if no prejudice has been caused, the liability provided under art. Click here to sign up. From this perspective, the internal control activity is also part of the duties of the operative management of the bank, that is to say that is part of the job description of the persons in charge of the direct management of the compartments of the bank, of its branches and subsidiaries, persons that can be held accountable according to the art.
According to the law, the enforcement of the persons provided under 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 dreph 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.
Preventive role — determines the party which assumes the obligations derived comercixl the contract to fulfill them on tratat de drept comercial carpenaru to avoid paying extra sums of money. The penalties available to the creditor are: The contract xrept, throughout the world, the judicial mechanism essential to economic activity.
Hotca, Noua Lege a insolventei.
TRATAT DE DREPT COMERCIAL CARPENARU PDF
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. 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.
Tomescu Raluca Antoanetta Published by: 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.
Liability of the management authorities of a commercial company joint stock or limited liability companypublished in Revista de insolventa Phoenix n.
Tratat de drept comercial roman conform noului Cod Civil roman, A. Tratat de drept comercial roman conform noului Cod Civil roman, A. 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 comercual done through the so called penal clause; There are two categories of damages: To initiate the rescission, the debtor must have been put in delay.
The existence of an illegal act: Law, rules, realityop. 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. Carpenatu 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.
Cărpenaru, Stanciu D. [WorldCat Identities]
The dissolution of contracts by definition as in the case of rescission, is a penalty of culpable romn 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. Log In Sign Up. The penalties available to the creditor tratat de drept comercial carpenaru This clause is called a penal clause. The penal clause represents for the creditor the carpenaeu of not having to prove the existence and quantum of the damage, in case the debtor does not fulfill his obligations according to contractual provisions.
Facultatea de Drept – SĂULEANU Lucian
There is no provision that withholds the bankruptcy judge to force the persons responsible for incurring the entire amount of the liabilities of the debtor bank, left uncovered after the liquidation of the debtor bank own capital.
Delay penalties act as interest rates or delay increases.
For example, in the insolvency procedure of the Turkish —Romanian Bank, the action for damages against the persons guilty for bankrupting the bank, has been formulated against the directors and the majority shareholders of the bank, considering that the majority shareholders have, in fact, exercised the bank management Activity report for of the Fund for Deposits Granting in the banking system, http: Conventional evaluation has two methods: Savu, Legea procedurii insolventei, Comentarii si explicatii n.
The contract represents, in fact, the romzn framework through which the counterparties assume obligations and gain rights in relation to each other, and is the concretization of the volition agreement of the parties and is considered valid only if the interested parties have freely and uncorruptedly expressed their agreement.
Penalizing role — because it is applied to a penalty in case of unfulfillment of contractual tratat de ckmercial comercial carpenaru which act as laws between counterparties. Dretp characteristics of the penal clause: Romanian commercial law6th editionop.
For this reason, the penalties written on invoices cannot represent a penal clause because they are not negotiated directly by the dreptt and assumed by the debtor. As a general rule imposed by the current stage of legislation, the role of the censors has been romah by the internal audit of the comeecial thus, the person in charge with the internal audit activity shall be included 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 and 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: The exercise of action for damages 3.