Certain Considerations related to the Discounting of Pecuniary Obligations Cover Image
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Unele considerații în legătură cu actualizarea obligațiilor pecuniare
Certain Considerations related to the Discounting of Pecuniary Obligations

Author(s): Adrian Man, Narcisa Cozea
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: discounting of receivables; legal regulation; doctrine; case law.

Summary/Abstract: The authors review in this study the legal regime of receivables’ discounting, both in the Civil Code (of 1865, still in force), and in other special laws, as well as in the Romanian new Civil Code (Law no. 287/2009) or in the Romanian new Civil Procedure Code (Law no. 134/2010, neither law has entered into force yet), also considering the opinions expressed in the doctrine and in the relevant decisions of the case law.In this context, the authors reach the conclusion that indexation is compulsory, as it is in line both with the provisions of the Constitution of Romania and with the (European) Convention of Human Rights and Fundamental Freedoms.

  • Issue Year: 2011
  • Issue No: 09
  • Page Range: 130-140
  • Page Count: 11
  • Language: Romanian