Mecanismul funcționării clauzei penale cu specială privire asupra aplicării acesteia în cazul rezoluțiunii sau rezilierii contractului
Mechanism of operation of the penal clause with special concern on its implementation in case of resolution or cancellation of contract

Summary/Abstract: This study examines a series of controversies concerning the operation of the penal clause in certain special situations such as: admissibility of penalties running after the cancellation/resolution of contract if, by assumption, the debt had not been yet fully or partly liquidated by the debtor; the issue of the possibility of reducing the amount of „clearly excessive” penalties by the court, if these penalties are „clearly excessive” [Article 1541 (1) b) of the new Civil Code]; the admissibility of the plurality of various clauses that provide penalties and others.

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