Profitul în relaţia cu terţul – element de evaluare pentru lucrum cessans
The Profit in Relation with the Third Party as an Evaluation Element for „Lucrum Cessans”

Summary/Abstract: In this paper, we would like to analyze the breaches regarding the contract by one of the parties. In the aftermath,effective damages have been suffered through an unrealized legal gain or benefit by the other party, with the intent of bringing gains towards a third party. This represents an illegal deed, being frowned upon by the Civil Law. Thus, according to the New Civil Code, the aggrieved party can request damages, resulted both through actual and future damages. The said future damages consist in unfulfilled benefits, as a consequence of the breaching of the contractual provisions by the guilty party. Their quantum is calculated on the basis of proof which has to demonstrate that the said benefit should have been obtained. In general, the Judge or the Arbitral Council are invested with the power to solve such cases, and if it is necessary, to establish the quantum of the damages that can not be agreed upon with certainty.In this paper, we would like to analyze the breaches regarding the contract by one of the parties. In the aftermath, effective damages have been suffered through an unrealized legal gain or benefit by the other party, with the intent of bringing gains towards a third party. This represents an illegal deed, being frowned upon by the Civil Law. Thus, according to the New Civil Code, the aggrieved party can request damages, resulted both through actual and future damages. The said future damages consist in unfulfilled benefits, as a consequence of the breaching of the contractual provisions by the guilty party. Their quantum is calculated on the basis of proof which has to demonstrate that the said benefit should have been obtained. In general, the Judge or the Arbitral Council are invested with the power to solve such cases, and if it is necessary, to establish the quantum of the damages that can not be agreed upon with certainty.

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