Câteva consideraţii referitoare la clauza penală şi reductibilitatea acesteia sub cuantumul obligaţiei principale, conform prevederilor art. 1541 alin. (2) C. civ.

Avocat Răzvan Brătilă^*

* Avocat colaborator Muşat & Asociaţii SPARL.

Certain considerations regarding the criminal provision and its reducibility in terms of the amount of the main obligation, according to the provisions of art. 1541 para. (2) of the Civil Code

Abstract

The liquidated damages clause, both stipulated for the non-compliance of the main obligation, as well as for the late fulfilment thereof, displays a great interest in the relations between professionals, affording a legal possibility to stimulate the debtor to comply with its obligations, as well as "ensure" the recovery of the damage incurred due to the non-fulfilment of the obligation. In light of the solution embraced by the New Civil Code, specifically to grant the Court the possibility to reduce the quantum of the manifestly abusive liquidated damages clause,...