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Theoretical And Practical Aspects Regarding Abusive Penalties Clauses

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  • Sidonia Culda

Abstract

In the first part of this article we present some general notions regarding penalties clauses, as well as their history and legal characteristics. In the second part we analyse from a theoretical and practical point of view penalties clauses in different contracts, such as: leasing agreement, loan agreement, adhesion contracts andadministrative contracts. The conclusions refer to certain principles defined in jurisprudence in relation to penalties clauses.

Suggested Citation

  • Sidonia Culda, 2016. "Theoretical And Practical Aspects Regarding Abusive Penalties Clauses," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(2), pages 76-82, October.
  • Handle: RePEc:dcu:journl:v:10:y:2016:i:2:p:76-82
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    File URL: http://fiatiustitia.ro/ojs/index.php/fi/article/view/262/245
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    More about this item

    Keywords

    Penalties clauses; leasing agreement ; adhesion contracts; administrative contracts ; jurisprudence;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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