19. Neexecutarea în termen a obligației de a face. Caracterul executoriu al clauzei penale cuprinse într-un antecontract de vânzare-cumpărare
19. Failure to fulfil an obligation to perform within the time limit. Enforceability of a penalty clause contained in a preliminary contract of sale

Summary/Abstract: By concluding a legal act, the parties may agree, among other things, to be bound by obligations in relation to their conduct during the performance of the contract. According to the pacta sunt servanda principle, the contract is the law of the parties, a law that can only be changed by the will of the parties or by the court in exceptional circumstances, such as when the parties are found to be null and void. Thus, as long as the legal act is in existence and is an enforceable title according to the law, and the parties have established in it the scope of the penalty clause and the manner in which it operates, the court cannot be opened the way to validate the clause nor to analyse it, except for the provisions of Article 1541 of the Civil Code.

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