Appointment, replacement and sanctioning of the judicial receiver and trustee in bankruptcy Cover Image
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Daunele moratorii în materia despăgubirii în temeiul asigurării obligatorii de răspundere civilă auto
Appointment, replacement and sanctioning of the judicial receiver and trustee in bankruptcy

Author(s): George Bogdan Florescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: motor third party liability insurance; damages for late payment; statutory penalty interest; penalties;

Summary/Abstract: The present study aims to address the issue of damages for late payment in motor third party liability insurance, starting from a theoretical analysis of the concept and the different types of damages in the applicable regulatory and jurisprudential framework. The first chapter of the study is devoted to a comparative analysis of the two types of default damages – statutory penalty interest and penalties provided for by the special law, in order to identify their functions and purpose. The theoretical chapter will conclude that the damages for late payment analysed correspond to different functions and purposes in the compensation procedure of the injured party following the accident caused by the MTPL insured vehicle. This conclusion is of particular importance for the correct interpretation and application of the law in determining the compensation due to the injured party. The second chapter of the study is reserved for practical considerations, with three controversial legal issues in case law being reviewed, in the application of damages for late payment pertaining to the MTPL insurance. In this chapter, case law developments, dissenting opinions and related arguments will be presented, as well as some of the author's views on the legal issues at stake.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 117-125
  • Page Count: 9
  • Language: Romanian