Implicaţiile substanţiale ale „aplicării de penalităţi” (art. 906 din Codul de procedură civilă)
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Cuvinte cheie:
application of penalties, compensatory damages, default damages, punitive damages, enforcement in kind, remedies, fungible paymentRezumat
In the following brief study, we aimed at demonstrating that an apparently purely procedural institution – that of “applying penalties”, provided for under art. 906 of the Code of civil procedure – has, as many other institutions of the typically procedural regulations, some substantive valences. In essence, the mechanism applied by the Code of Civil Procedure has the significance of an important juxtaposition with the texts of the Civil Code in the matter of classification of civil contractual obligations to provide services and, especially, in the matter of damages. This juxtaposition gives rise to a proper classification of the obligations and especially, it gives rise to a certain category of damages the function of which is not reconstructive, but punitive. The closest relation of this legal category is the institution known in the comparative law under the name of “punitive damages”.
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Versiuni
- 24-04-2023 (2)
- 13-09-2022 (1)
