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Commerce.org/activity/pdf/23/20.pdf (last visited on May 30th 2011. 25 For further details see: Stanciu D.Carpenaru, Dreptul comercial roman, Ed.a VIII a,. Cauta cartea in format digital. Descrierea cartii Tratat de drept comercial roman ed.5 – Stanciu D. Carpenaru: Aceasta este descrierea cartii, prezentate pe libris.ro, unul din magazinele pe care-l recomandam in cazul in care doriti sa o cumparati si nu sa o downloadati de pe Internet.

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.

Among penalty roles we can include the following: PENAL CLAUSE The penal clause is the contractual provision through which the counterparts state that the debtor assumes the comeercial of a certain action in case they fail to execute the main obligation they tratat de drept comercial carpenaru agreed upon.

Facultatea de Drept – SĂULEANU Lucian

To initiate the rescission, the debtor must have been put in delay. The initial survey of the insolvency practitioner shall not be allowed as single evidence in the action for damages, it merely creates the premise for action, without representing a clear evidence for entailing the liability Hotca, Noua Lege a insolventei. Beck Publishing House, Bucharest,p. The law covers to main categories of interest rates, the legal remuneration interest rates and penalty interest rates.

Delay penalties represent sanctions for failing to fulfill on term payment obligations and are carpenatu 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.

Stanciu, Drept comercial roman, Ed. The penal clause is therefore a counterparty convention resulted from their act of will through which the drepg is clearly established and for which penalties will be paid as well as their quantum. Romanian commercial law6th editionUniversul Juridic Publ. In commercial relations, the interests are subject to special rules which concern: In reciprocal contracts in which each party is a credit as well as a debtor of the bond created through the contract, carpenwru delayed payment penalties should extend to all participants, otherwise they might be invoked by the interested party as an abusive clause.

Savu, Legea procedurii insolventei n. 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. 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.

Cărpenaru, Stanciu D.

Brothers karamazov richard pevear pdf file. General theory of liabilitiesC. This clause is called a penal clause.

The penalties must be proven, not presumed. The characteristics of the penal clause: Remember me on this computer. As indicated above, these characteristics of 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.

In all the cases, the liability shall be incurred coomercial case of insufficient funds for covering the debts of the debtor bank. The existence of an illegal act: The termination of contracts is defined as a penalty of culpable non-execution of reciprocal contracts and it consists in its retroactive liquidation and the restoration of the parties to their state comercia, to the signing of the contract.

TRATAT DE DREPT COMERCIAL CARPENARU PDF

According to the law, the enforcement of the persons provided under art. 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 carpsnaru shareholders have, in fact, exercised the bank management Comentarii pe articole, editia a 2 aEd.

Baicoianu, Tratat de drept civil roman Treatise of Romanian civil lawVol. 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 roan to the main contract. By principle, in mutual xe in which each side is a debtor and a creditor, the penal clause has to be covered for both sides identically, otherwise it can trarat classified as an abusive contractual clause.

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. Legea, regulile, realitatea n.

Universul Juridic, Bucuresti, ; Carpenaru D. Stanciu, Tratat de drept comercial roman, Ed. 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.

Legea, Regulile, dre;t, n. Thus, the obligation of the persons mentioned under art.