Câteva aspecte privind interpretarea şi aplicarea dispoziţiilor Noului Cod civil privind reductibilitatea clauzei penale
Some aspects concerning the interpretation and application of the New Civil Code on the reducibility penalty clause

Summary/Abstract: The issue of contractual liability as a penalty clause inserted in the contract is of perennial actuality and has outstanding theoretical meanings, but mostly practical. These should be analyzed in the context of the penal clause certainties, certainties regarding the functions of the penalty clause, which is mainly of sanctionatory nature and compensatory (cover damage caused by the debtors’ defaults), the legal nature of the contracts in which a penal clause is inserted (adhesion contracts or negotiated contracts) etc.

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