Home » News » BRAND: Assessment of Recovery Of Damages In The New Romanian Civil Code


February 2016
« Dec   Mar »

Read these articles

  • Women and Girls in STEMWomen and Girls in STEM
    STEM education has become more and more important, and it is required for an interconnected global economy. The acronym refers to a range of academic disciplines, such as science, technology, engineering, and mathematics, meant to …
  • BRAIN: Sentiment Analysis on Embedded Systems Blended CoursesBRAIN: Sentiment Analysis on Embedded Systems Blended Courses
    The paper written by Răzvan Bogdan from the Department of Computers and Information Technology, Politehnica University of Timisoara, includes a presentation of a modality of integrating Embedded Systems Massive Open Online Courses (MOOCs) into blended …
  • BRAND: Mediation – The Wise Advocacy
    Antagonistic prosecution is not by any means the only method for determining debate and settling of cases. There are different alternatives. Elective method for debate determination can spare cash and time, and can grapple and …
  • LiBRI: On Studying Teacher’s Self EsteemLiBRI: On Studying Teacher’s Self Esteem
    Baghli Asmaa is bringing to light a new discussion in LiBRI journal: On Studying Teacher’s Self Esteem Based on Revised Janis Scale Application. An actual and controversial research that brings out some intensely sought answers …
  • BRAND: Using Reporting in the Internal Communication Process of the CompanyBRAND: Using Reporting in the Internal Communication Process of the Company
    Internal communication can be viewed either as a subsistent procedure of the association, or as a procedure helping to decode and comprehend them more effectively . The author, Cornel Marian Iosif states that associations depend on …
  • BRAIN: Brain Functors
    BRAIN journal has recently published its latest volume Brain Functors: A mathematical model of intentional perception and action by David Ellerman. Classification hypothesis has foundational significance since it gives applied lenses to describe what is …
  • BRAIN: Validation of Enhanced Emotion Enabled Cognitive Agent Using Virtual Overlay Multi-Agent System Approach
    In order to avoid car accidents and ensure safer roads, Autonomous vehicles (AVs) have been created. These vehicles are capable of sensing its environment and navigating without human input, which is indeed a great step …
  • BRAIN: Is There a Relationship between Consciousness and Epilepsy?BRAIN: Is There a Relationship between Consciousness and Epilepsy?
    A serious health condition that affects 1% of the global population is epilepsy. This is a neurological disorder usually detected by EEG (electroencephalography) signals, and it has as common symptom spontaneous recurrent seizures characterized by …
  • BRAIN: A Robust Approach of Facial Orientation Recognition from Facial Features
    In the field of computer vision and pattern recognition, face orientation recognition stands as a significant topic. In the paper A Robust Approach of Facial Orientation Recognition from Facial Features, the authors Stefan Andrei, Kishor …
  • SMART 2016 – Pre-conference MOOCSMART 2016 – Pre-conference MOOC
    This MOOC consists of selected conference presentations as short videos that demonstrate the main outcomes of the authors’ contributions. The scope is to enhance the discussions and exchange between the participants in the conference and …
  • BRAND: Pricing in Multi-Heston Framework
    BRAND journal provides a very interesting article written by Tiberiu Socaciu from Stefan cel Mare University of Suceava, Faculty of Economics. This article displays a definitive in determining an estimating system’s multi-Heston. Fundamentally, he utilizes the …
  • BRAIN: Conscience in Language TeachingBRAIN: Conscience in Language Teaching
    Conscience in Language Teaching and its Relationship with Language Proficiency and Emotional Intelligence of EFL Teachers by Sedighe Jalili Kalangestani was published here. Several factors contribute to the efficacy of an English language teacher, among which, …


BRAND: Assessment of Recovery Of Damages In The New Romanian Civil Code

Professor Ion Țuțuianu from Vasile Alecsandri University, Bacau Romania reflecting upon important changes in the Romanian Civil Code, in the BRAND journal.

The subject’s methodology is required additionally on the grounds that, once received the New Civil Code, it obtained another juridical edge, additionally another viewpoint. A typical law creditor who does not get the immediate execution of his commitment is qualified for be made up for the harm created by the non-execution with a measure of cash which is equal to the banquet that the precise, downright, and properly execution of the commitment would have brought the creditor.


The stipulation of the idea and business sector economy, in Art. 135 of the Constitution, prompts the restoration of the monetary connections which are more as often as possible utilized through contracts. Marking an agreement is thought to be a result of no less than two  contractual accomplices who express their will and that is the reason it is likewise submitted to the guideline of good confidence, as it is given in Art. 14 of the Civil Code: “Any characteristic or lawful individual must apply her rights and perform her common commitments in accordance with some basic honesty”, which is assumed until demonstrated something else.

Since uniformity between the two contractual accomplices is in some cases imaginary, it is esteemed that a temporary worker who might utilize his monetary force, better capacity all together than force commitments to his accomplice whose quality is to be in disparity contrasted with the favorable circumstances that the accomplice would acquire from the agreement, circumstance which would force the restoration of the contractual harmony.

According to the new civil code, when the debtor does not willingly execute the obligation provided in the contract, according to Art. 1527, he may recourse to forced execution: The creditor can always ask for the debtor to be obliged to execute in kind the obligation, except for the case when such a execution is impossible (par. 1), the right to discharge in kind includes, if applicable, the right to repair or replace the good, as well as any other means to remediate a faulty execution (par. 2).

On the off chance that the constrained execution contains obliging the indebted person to an execution in kind while restoring the gatherings to the circumstance before the unlawful certainty, or the loan boss is no more displaying enthusiasm for such a circumstance, he can acquire an identical execution.

With a specific end goal to repair the harm made by the borrower by not releasing the commitment, the unseemly or late execution qualifies the lender for solicit the repair from the harm called: repayment, remuneration, or recuperation of harms, which really speak to the misfortune he endured, and the advantage he was denied of.

Both the doctrine and judicial practice define the recovery of damages as being: compensations in money that the debtor is indebted to pay with the purpose of repairing the damage suffered by the creditor as a consequence of the culpable non-execution of the contractual obligations.

The thought does not constitute administrative news of the current common code, likewise being incorporated into Art. 1082 in the Civil Code of 1864 which gave: The indebted person is obliged, if suitable, to pay for the recuperation of harms, or for the non-execution of the commitment, or for the deferral of the execution, despite the fact that it is not lacking honesty, just in the event that he won’t legitimize that the non-execution originates from an unacquainted cause which can’t be credited to him.

The right assessment of the consequences of the non-execution, of the deferred execution, or of the improper execution of the commitment, is made through a right examination of the considerable number of regulations in power, and the settling without suits has been given by the official through punishment as a certification of the execution of the account holder’s commitment.

Read more here!

Diana-Elena Melinte