Decăderea creditorului din dreptul de a pretinde dobânda legală în cazul stipulării unei dobânzi convenţionale peste limita maximă prevăzută de lege
The creditor’s forfeiture of the right to claim statutory interest in the event of a contractual interest rate exceeding the maximum limit prescribed by law

Summary/Abstract: This study aims to analyze the creditor’s forfeiture of the right to claim statutory interest in cases where a contractual interest rate is stipulated above the maximum limit prescribed by law. Such an analysis first requires a thorough examination of the boundaries of the parties’ freedom to determine, by agreement, the interest rate, as well as the sanctions applicable in the event of non compliance with the aforementioned limitations. Since forfeiture, alongside the nullity of the clause stipulating a contractual interest in violation of the law, falls within the category of sanctions provided by the legislator for breaching the prohibition against exceeding a legal maximum, a comparative analysis of these two sanctions is necessary to fully understand the legal mechanism. Subsequently, we will attempt to define the notion of forfeiture in the case under review, determine the applicable legal regime, identify the objectives pursued through the regulation of this specific form of forfeiture, the means by which it may be invoked, and the effect it produces on the subjective right to statutory interest. Let me know if you'd like this adapted for a specific jurisdiction or formatted for publication.

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