DAMAGES IN THE NEW CIVIL CODE. NOVELTIES AND NECESSARY EXPLANATIONS Cover Image

DAUNELE-INTERESE ÎN NOUL COD CIVIL. ASPECTE DE NOUTATE ŞI DELIMITĂRI NECESARE
DAMAGES IN THE NEW CIVIL CODE. NOVELTIES AND NECESSARY EXPLANATIONS

Author(s): Gabriel Tita-Nicolescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: damages; compensatory damages; deferral damages; punitive damages;

Summary/Abstract: In the matter in question herein, we will discuss the deferral and compensatory damages, as they actually cover the damage to the creditor for the failure or deferred performance of their obligation by the debtor. These two types of damages belong to substance (material) law, so that any reference to damages below shall mean deferral and compensatory damages. The punitive damages (the penalties for the failure of performing an obligation under an enforceable title) are the subjectmatter of the civil procedure law and they do not constitute an equivalent of damage, but an additional sanction ordered by a judge to the debtor; such damages mean amounts of money which the debtor shall pay to the creditor until the former fulfils their obligation under a court decision.

  • Issue Year: 2016
  • Issue No: 08
  • Page Range: 21-39
  • Page Count: 19
  • Language: Romanian