INCIDENŢA STABILIRII DE INSTANŢA DE EXECUTARE A PENALITĂŢILOR DE ÎNTÂRZIERE LA CEREREA CREDITORULUI REPERE JURISPRUDENŢIALE
THE INCIDENCE OF THE ENFORCEMENT COURT’S DETERMINATION OF LATE-PAYMENT PENALTIES AT THE CREDITOR’S REQUEST – CASE LAW BENCHMARKS

Summary/Abstract: The jurisprudential issue examined in this study concerns the interpretation of Article 628(4) of the Romanian Code of Civil Procedure in situations where the enforceable title, represented by invoices issued for the principal debt, does not expressly provide for interest, contractual penalties or other amounts owed to the creditor. The legal question focuses on whether the enforcement court is empowered to determine only statutory default interest or whether it may also establish contractual late payment penalties that are due ipso jure under Article 1.535 of the Romanian Civil Code or other special legal provisions. The divergent judicial approaches stemmed from the interpretation of the expression "de plin drept" ("ipso jure"), some courts considering that the provision applies exclusively to statutory default damages, while others extended its scope to contractual penalties agreed upon by the parties. In order to ensure the uniform interpretation and application of the law, the High Court of Cassation and Justice, sitting as the Panel for the Resolution of Questions of Law, delivered Decision No. 50/2024, holding that Article 628(4) of the Code of Civil Procedure is applicable not only to statutory interest but also to contractual late payment penalties where these are owed ipso jure pursuant to Article 1,535 of the Civil Code or other special legal provisions.

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