Modificări aduse de O.G. 13/2011 regimului juridic al dobânzii legale
THE LEGAL STATUS OF THE LEGAL INTEREST ACCORDING TO THE NEW CIVIL CODE

Summary/Abstract: Of the solutions taken from the commercial matter by the Romanian new Civil Code, there is also the fact that the rule of the legal elapsing of interest to the money obligations is applicable to the legal rapports deriving from the exploitation of a company for lucrative purposes, in other words, the debtor is legally late (as per art. 1535 paragraph 1 of the new Civil Code), and the creditor is entitled to interests (as per art. 1535paragraph 1 of the new Civil Code, corroborated with art. 2 of Government Ordinance 13/2011). Given the importance of the jurisprudential effects of these changes implemented by the new Civil Code, we deem it useful to present a practical case (section 1) and only then the theoretical comment (section 2). As against the simplicity of the solution of applying a legal interest, in an amount established by normative acts, we regret the complexity of the legal provisions that require the corroboration of several normative acts (new Civil Code., Government Ordinance 13/2011, Government Emergency Ordinance 47/2012, Law 31/1990), reason for which we will express our opinions in a final section entitled conclusions, where we will also formulate a few notional delimitations.

• Details
• Contents