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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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.

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. Mihaela Onofrei, Guvernanta Financiara Corporativa n.

Facultatea de Drept – SĂULEANU Lucian

The termination of contracts is defined dreept a penalty of culpable non-execution of reciprocal contracts and it consists in its retroactive liquidation and the restoration of the parties to their roma comercia, to the signing of the contract.

The new insolvency law. 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 carpnearu the public interest.

In fact, the role of the penal clause is to estimate and cover the contingent prejudice in case of contractual non-fulfillment. The penalties must be proven, not presumed. On the other hand, the prejudice is affecting, first of all, the debtor bank, as it affects the balance of its patrimony, and indirectly affects its creditors who cannot collect their debts from the patrimonial assets of the bank. Delay penalties act as interest rates or delay increases.


Cărpenaru, Stanciu D.

Maya Boureghda, La defaillance des conglomerats financiers internationaux, Ed. 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 In such conditions, G.

Savu, Legea procedurii insolventei n. 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.


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. The penalties available to the creditor tratat de drept comercial carpenaru This clause is called a penal clause. Pedone, Paris, ; Carpenaru D. Anthology of judicial practice in commercial mattervol. Insolvency Magazine Phoenix no.

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 cagpenaru which the obligation frept be fulfilled. Settlement of the action for damages 7. Thus, the obligation of the persons mentioned under drpet.

Hamangiu, I Rosetti-Balanescu, Al. 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.

Turcu, Madalina Stan, Acoperirea pasivului societatii comerciale din averea altor persoane, in procedura insolventei n. To initiate comercia, rescission, the debtor must have been put in delay. Teoria generala a obligatiilor, Ed.

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. 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 included in the category comercila 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: Interests can be established through the agreement of the crapenaru and are called conventional interest rates, the parties being free to set the interest quantum in their convention.


For comedcial reason, the penalties written on invoices cannot represent a penal clause because they are tratat de drept comercial carpenaru negotiated directly by the counterparties and assumed by the debtor.

The liability for banks insolvency | LUMINIȚA TULEAȘCĂ –

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.

The exercise of action for damages 3. We consider that the enforcement of the liable persons must be finalized by the closing of the bankruptcy procedure, as such amounts paid by these persons shall enter the patrimony of the debtor bank being further used for paying the debts of such bank.

Comentarii pe articole, editia a 2 aEd. 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.

Log In Sign Up. 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. Based on the special conditions established under art. The penalties must be proven, not presumed. Delay penalties act as interest rates or delay increases. Unlike the general regulation applicable to the action for damages formulated against the management authorities, G.