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

Author

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  • Maria DUMITRU

    (Lector doctor în cadrul Universitatii „Petre Andrei” din Iasi, Facultatea de Drept)

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.

Suggested Citation

  • Maria DUMITRU, 2011. "JUDICIAL EVALUATION OF LOSS IN THE CASE OF DELAY OF MONEY OBLIGATIONS EXECUTION – POSSIBILITY ENSHRINED IN THE NEW CIVIL CODE (English version)," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(1), pages 133-139, April.
    • Handle: RePEc:lum:rev4rl:v:1:y:2011:i:1:p:133-139
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    Keywords

    judicial evaluation of damage in contracts; moratorium damage; money obligations;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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