Contract de leasing. Lipsa caracterului abuziv al clauzelor privind daunele interese datorate pentru nerespectarea obligaţiilor contractuale

Leasing contract. Lack of abusive nature of the clauses on damages due for non-compliance with contractual obligations

Abstract

The financier has the right to full recovery of the damage, which involves all financing granted to the user and not recovered (leasing rates that include all the unrecovered capital), as actual damage suffered, as well as agreed interest, as unattained benefit, and other amounts related to enforcement and relocation of the property, minus the value obtained from the property sale.

Considering that the obligation to pay all the amounts due based on the leasing contract is expressly provided by Article 15of GO no. 51/1997, in this case become applicable the provisions Article 3 paragraph 2 of Law no. 193/2000, according to which "The contractual clauses provided under other normative acts in force are not subject to the...