Probleme actuale privind procedura aplicării şi fixării de penalităţi, reglementată de art. 906 C. pr. civ. Observarea particularităţilor procedurii aplicării şi fixării de penalităţi, reglementată de art. 910-914 C. pr. civ
Current problems concerning the procedure for the application and fixing of penalties, regulated by Art. 906 of the Civil Procedure Code. Observation of the particularities of the procedure for applying and fixing penalties, governed by Art. 910-914

Summary/Abstract: Since their introduction into the Romanian legal system by Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, the provisions governing penalties, as an injunctive relief intended to determine the enforcement in kind of obligations involving the debtor’s personal act for their fulfilment, have generated difficulties in their interpretation, felt most acutely by the courts, with the Supreme Court itself being seized on several occasions to clarify the meaning of some of these legal texts. The present study is the result of an analysis of a considerable number of judgments handed down by the courts in application of the rules that make up the procedure for applying and fixing penalties. The main objective of the present material is to point out the current problems that courts encounter in the application of these legal provisions and to provide reasoned points of view for their resolution.

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