TORT LIABILITY. DAMAGES AND PENALITY CLAUSE
Tort liability has always been a constant manifestation of social life in the community, having as its main effect the birth of a new legal obligational relationship established between the author of the deed which caused the prejudice and the injured person. Apodictically, legal liability will resu...
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| Format: | Article |
| Language: | English |
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ADJURIS – International Academic Publisher
2018-12-01
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| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | http://www.adjuris.ro/revista/articole/an7nr2/18.%20Raluca%20Tomescu%20EN.pdf |
| _version_ | 1818834055583498240 |
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| author | Raluca Antoanetta Tomescu |
| author_facet | Raluca Antoanetta Tomescu |
| author_sort | Raluca Antoanetta Tomescu |
| collection | DOAJ |
| description | Tort liability has always been a constant manifestation of social life in the community, having as its main effect the birth of a new legal obligational relationship established between the author of the deed which caused the prejudice and the injured person. Apodictically, legal liability will result in an attempt to repair the damage created mainly in kind, and when it is no longer possible to repair the damage, it will be in the form of damages established legally or judicially, or in the form of a penality claim in the case of conventional damage. From this perspective, we considered it
appropriate to emphasize the effects on the penality clause of the hypothesis of intervention on the contract with another sanction of law, applicable in the case of culpable non-fulfilment of the contractual obligations, namely cessation or termination. The current Civil Code determines that, upon termination of the contract, the parties will be released from any obligation. Therefore, by termination of the contract, as a result of the declaration of termination, respectively of the cessation, the obligations stipulated in the penality clause are abolished, because the source itself was abolished, as we can no longer speak of a contractual obligational liability. Of course, in this hypothesis, the creditor will have at hand to claim non-contractual damages, where the person who considers himself prejudiced has to prove the damage and its source. |
| first_indexed | 2024-12-19T02:28:44Z |
| format | Article |
| id | doaj.art-cd89645dbb934ca3a196b9494b583d0b |
| institution | Directory Open Access Journal |
| issn | 2601-7830 |
| language | English |
| last_indexed | 2024-12-19T02:28:44Z |
| publishDate | 2018-12-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-cd89645dbb934ca3a196b9494b583d0b2022-12-21T20:39:47ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302018-12-0172254259TORT LIABILITY. DAMAGES AND PENALITY CLAUSERaluca Antoanetta Tomescu0„Andrei Saguna” University of Constanța; PhD. student at „Nicolae Titulescu” University of Bucharest, RomaniaTort liability has always been a constant manifestation of social life in the community, having as its main effect the birth of a new legal obligational relationship established between the author of the deed which caused the prejudice and the injured person. Apodictically, legal liability will result in an attempt to repair the damage created mainly in kind, and when it is no longer possible to repair the damage, it will be in the form of damages established legally or judicially, or in the form of a penality claim in the case of conventional damage. From this perspective, we considered it appropriate to emphasize the effects on the penality clause of the hypothesis of intervention on the contract with another sanction of law, applicable in the case of culpable non-fulfilment of the contractual obligations, namely cessation or termination. The current Civil Code determines that, upon termination of the contract, the parties will be released from any obligation. Therefore, by termination of the contract, as a result of the declaration of termination, respectively of the cessation, the obligations stipulated in the penality clause are abolished, because the source itself was abolished, as we can no longer speak of a contractual obligational liability. Of course, in this hypothesis, the creditor will have at hand to claim non-contractual damages, where the person who considers himself prejudiced has to prove the damage and its source.http://www.adjuris.ro/revista/articole/an7nr2/18.%20Raluca%20Tomescu%20EN.pdfdamagespenalty clausecompensatory damagemoratory damage. |
| spellingShingle | Raluca Antoanetta Tomescu TORT LIABILITY. DAMAGES AND PENALITY CLAUSE Perspectives of Law and Public Administration damages penalty clause compensatory damage moratory damage. |
| title | TORT LIABILITY. DAMAGES AND PENALITY CLAUSE |
| title_full | TORT LIABILITY. DAMAGES AND PENALITY CLAUSE |
| title_fullStr | TORT LIABILITY. DAMAGES AND PENALITY CLAUSE |
| title_full_unstemmed | TORT LIABILITY. DAMAGES AND PENALITY CLAUSE |
| title_short | TORT LIABILITY. DAMAGES AND PENALITY CLAUSE |
| title_sort | tort liability damages and penality clause |
| topic | damages penalty clause compensatory damage moratory damage. |
| url | http://www.adjuris.ro/revista/articole/an7nr2/18.%20Raluca%20Tomescu%20EN.pdf |
| work_keys_str_mv | AT ralucaantoanettatomescu tortliabilitydamagesandpenalityclause |