Dobânda legală remuneratorie versus dobânda legală penalizatoare, în ipoteza aplicării art. 1.645 alin. (2) C. civ
Remunerative legal interest versus punitive legal interest in the application of Article 1.645 para. (2) of the Civil Code

Summary/Abstract: 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: remunerative legal interest or punitive legal interest in the application of Article 1.645 para. 2 of the Civil Code? Because such an analysis cannot be performed without first identifying the scope of application of the applicable legal provision and its meaning, in the first sections of the study we examined these aspects. Then, we focused on applying the provision for those situations when a sum of money is returned. Subsequently, we performed a lucid research of the issue and, at the end, we presented our conclusions.

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