Clauza penală. Conexiuni şi diferenţe în raport cu alte clauze contractuale

dr. FLORIN LUDUŞAN*

* e-mail: florinludusan@yahoo.com

Asist, univ. - Facultatea de Drept, Universitatea "Dimitrie Cantemir", Târgu-Mureş

Avocat - Baroul Mureş

ABSTRACT

The penal clause originates in the principle of contractual freedom. According to this principle, the parties are free to conclude any contracts and to determine their contents, within the limits imposed by the law, the public order and the morality (Article 1169 of the new Civil Code).

This study examines the penal clause from a historical perspective, starting from the Roman law, continuing with the French canon law, the Civil Code of 1864, and then reaching to the new Civil Code, as well as the definition of the penal clause, the object, the advantages and the disadvantages of including the penal clause into contracts.

The study also makes an analysis of the penal clause in comparison to other institutions of civil law, by emphasizing the similarities...