Culpa creditorului în moderarea prejudiciului, conform Noului Cod civil
The lender's fault in moderating the injury, according to the New Civil Code

Summary/Abstract: The creditor’s fault towards damage mitigation represents a point of interest for practitioners in civil and commercial law, after the adoption of the Romanian New Civil Code. In hypotheses in which the creditor’s unjustifiable fault has contributed to the increase of the final losses, the judges may impose a liability disclaimer in favor of the debtor, on the basis of article 1534 of the New Civil Code. Thus the non performing party is not liable for loss suffered by the creditor to the extent that the creditor could have reduced the damages by taking reasonable steps.

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