Evaluarea judiciară şi evaluarea legală a daunelor-interese în Noul Cod civil

dr. FLORIN LUDUŞAN*

* e-mail: florinludusan@yahoo.com

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

Avocat - Baroul Mureş

ABSTRACT

Damages can be assessed by the court, by law or by the willful agreement of parties. This study analyzes the notion of damages, the conditions for awarding damages, as well as their assessment by the court and their legal assessment. The purpose of assessment of damages incurred by the creditor is that of reinstating the creditor to the situation in which it would have been found, if the debtor had voluntarily performed the obligations assumed by concluding the contract.

Judicial assessment of damages is made by judgment and involves the judge’s examination of all the conditions for undertaking contractual liability, particularly with regard to the prejudice caused to the creditor by the debtor’s non-performance of obligations.

Legal assessment of...