ASPECTE JURISPRUDENŢIALE ÎN MATERIA PENALITĂŢILOR DE ÎNTÂRZIERE REGLEMENTATE DE DISPOZIŢIILE ART. 906 DIN CODUL DE PROCEDURĂ CIVILĂ
JURISPRUDENTIAL ASPECTS IN THE MATTER OF DELAY PENALTIES REGULATED BY THE PROVISIONS OF ART. 906 CODE OF CIVIL PROCEDURE

Summary/Abstract: The provisions of art. 906 of the Code of Civil Procedure regulates the penalties for delay that may be established by the courts in case of non-execution of the obligations to do or not to do which involve the personal fact of the debtor. In this study, the author aims to analyze the difficulties of interpretation and jurisprudential application of the rules governing „penalties for delay”, in the light of the appeal against the conclusions having as object „application of penalties for delay”, respectively „determination of final amount” pronounced in cases in which the requests were introduced before the courts before, respectively after the entry into force of Law no. 310/2018, regarding the date from which the penalties start to run, their duration, as well as regarding the cases of their removal, by way of the enforcement appeal, other than those expressly provided by the provisions of art. 906 (5) Code of Civil Procedure.

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