JUDICIAL EVALUATION OF LOSS IN THE CASE OF DELAY OF MONEY OBLIGATIONS EXECUTION – POSSIBILITY ENSHRINED IN THE NEW CIVIL CODE (English version)

Maria Dumitru
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Maria Dumitru: Lector doctor în cadrul Universitatii „Petre Andrei” din Iasi, Facultatea de Drept

Jurnalul de Studii Juridice, 2011, vol. 1, issue 1, 133-139

Abstract: If in other institutions the reforming factor of the New Civil Code is doubtable in the matter of contract interest-damage the new body of private law has a totally new vision, reordering from the base the entire judicial regime and revealing the intentions of the present romanian law-maker to detach itself from the optics of it’s predecessor from 150 years ago. The new civil code is crossed by the idea of recognizing a greater power of intervention for the court in contract matters, compared to the present regulations. On this line of thinking the matter of not executing money obligations the law-maker adopts a solution in accordance with the UNIDROIT Principles and with European Law of contracts: keeps the system of invariable damage repair but also provides the possibility of integral repair.

Keywords: judicial evaluation of damage in contracts; moratorium damage; money obligations (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2011
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