Reputaţia comercială. O discuţie despre compensarea prejudiciului reputaţional în contractele de afaceri

Rezumat

Reputational non‑pecuniary loss should be compensated because the coverage of material loss caused by contractual non‑performance is often unsatisfactory for companies. The negative consequences generated for the creditor by the non‑performance of the contract should be borne entirely by the debtor, and the reparation of the reputational loss can represent the lever through which the contractual liability ensures the creditor a fair satisfaction. The idea advanced by this study is to use the “pure” reputational loss as an “intermediate” loss with a substitutive and anticipatory function in relation to its forms of patrimonial manifestation.

Keywords: business reputation; reputational loss; non‑pecuniary loss; business contract; contractual liability.