The date from which damages, other than those resulting from delay in the performance of an obligation to pay a sum of money, bear interest Cover Image
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Momentul de la care curg daunele moratorii în cazul obligaţiilor de a face
The date from which damages, other than those resulting from delay in the performance of an obligation to pay a sum of money, bear interest

Author(s): Camelia-Maria Solomon
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: debtor; creditor; obligation to do something; date of default; interest; legal rate;

Summary/Abstract: In this study our aim was to analyze an issue of law of uncontestable practical importance that has generated different opinions in both doctrine and jurisprudence: what is the moment when damages, other than those resulting from delay in the performance of an obligation to pay a sum of money, bear interest? Because such an analysis cannot be performed without first identifying the scope of application of the analyzed legal provision and the conditions for granting damages, other than those resulting from delay in the performance of an obligation, in the first part we analyzed these aspects. Then, we highlighted the opinions expressed in the doctrine and the way in which the jurisprudence received these opinions. Subsequently, we performed a lucid analysis of the issue, using the methods of interpretation, with reference to comparative law. Finally, at the end, we presented our conclusions on the issue under discussion.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 346-366
  • Page Count: 21
  • Language: Romanian