Executarea silită a clauzei penale cuprinse într-un act autentic notarial. Aparenta modificare a convenţiei notariale sub aspectul stabilirii unei noi exigibilităţi a creanţei
Enforcement of a penalty clause contained in a notarial deed. Apparent modification of the notarial agreement in terms of establishing a new enforceability of the claim

Summary/Abstract: The enforced execution of the criminal clause contained in an authentic notarial act can generates complications or confusion, when after the maturity of the obligation main and formulating the request for execution, between the parties to the convention is carried out discussions/negotiations in order to extinguish the obligation, which may generate the appearance of one changes to the legal act under the aspect of establishing a new liability, with the consequence of affecting the triggering mechanism of the penal clause. Also, given that we are talking about a contractual civil liability, the following issue can also be raised: to what extent the authentic act represents enforceable title for the execution of the criminal clause, taking into account the circumstance that, under certain conditions, the debtor can request a reduction of the penalty?

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