Particularităţi ale clauzei penale în convenţiile de garantare aferente contractului de credit

Features of the penalty clause in the guarantee agreements related to credit contracts

Abstract

According to the guarantee agreement clause, if the financier initiates enforcement proceedings against the Fund by unjustifiably imposing garnishments, in cases where the Fund has ascertained that the payment conditions for the guarantee specified in the agreement have not been met and has communicated its decision to the bank, the bank is obligated to pay damages equal to the total amount of the unjustified garnishments. This clause has the nature of a penalty clause, in the sense of Article 1538 of the Civil Code, the parties acknowledging through their mutual agreement the seriousness of the harm caused by the bank's failure to fulfill this obligation, which consists of blocking the activity of a non-banking financial company.

The interpretation of the contract according to the true or internal...