Penalităţi de întârziere vs. dobânda legală penalizatoare. Obiect distinct sau două faţete ale aceluiaşi obiect?

Contractual late fee interest vs. legal late fee interest for non-performance. Different object of the claim or two sides of the same object?

Abstract

Considering the fact that the sum the respondent will be obliged to pay if the claim for contractual late fee interest is admitted represents moratory damages, and considering the fact that the sum the respondent will be obliged to pay if the claim for legal late fee interest is admitted also represents moratory damages, we believe that the object of both claims is the same. It is, in reality, the exercise of the claimant's right to ask the court that the respondent should be obliged to pay a sum of money representing moratory damages, and using the wording contractual late fee interest or legal late fee interest has relevance only in relation to the quantification of the damages, not in relation to representing a different...