Prejudiciul patrimonial în materie contractuală și repararea acestuia
Patrimonial prejudice in contractual matters and its reparation

Summary/Abstract: The study intends to present the doctrinal opinions regarding the definition of the prejudice, which represents a condition and measure of the civil liability, the tripartite classification of the prejudices into patrimonial, extra-patrimonial and bodily harm and the indissoluble connection with the concepts of reparation, compensation and indemnification, the own identity of the bodily harm and the ambivalent character of the reparation, either patrimonial and non-patrimonial. It aims to analyze the particularities of the three categories of prejudices, the personal and rebound character of the bodily harm, the conditions for the reparation of the patrimonial prejudices, the certain character of the prejudice and the mitigation of this requirement in the case of the prejudices caused by the loss of a chance, the direct character of the prejudice in correlation with the direct and indirect causal link, the personal and reasonably predictable character of the prejudice, the principle of full reparation of the prejudice and mora creditoris, as a cause of limitation of the debtor’s liability, the guilt, condition of the liability for the reparation of the prejudice. The author also analyzes the presumption of guilt in the contracts generating the obligations of result and the proof of guilt in the contracts generating the obligations of means, as well as the causes exonerating the liability, the classification of damages into compensatory and moratorium damages, the problem of cumulating the damages with the contractual remedies, the cumulation of the damages with the execution of the contractual obligations, of the cumulation of the damages between them and the foundation of their non-cumulation, the judicial evaluation of the damages and their updating, the sanctioning character of the penalizing interest related to the cash claims.The study also analyzes the conventional modification of liability (the penal clause), the basis and conditions under which this modification can take place, the clauses for aggravation of liability and the limitation of the clauses for limiting the damages, the doctrinal definitions of the criminal clause, its functions, reparatory, sanctioning and comminatory, and theories regarding the legal nature of the criminal clause, the problem of the cumulation of the criminal clause with other remedies, with the compensatory and moratorium damages and the incompatibility, as a basis of the non-cumulation, the delimitation of the obligation with the criminal clause from other obligations, from the alternative obligations, optional obligations and obligations of deposit.

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