[go: up one dir, main page]
IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v12y2023i1p57-64.html
   My bibliography  Save this article

Moratory Damages and Compensatory Damages in the Context of the Return of Foreclosure

Author

Listed:
  • Liviu Alexandru NARLA

    (Bucharest University of Economic Studies, Romania)

Abstract
The disposition of the return of the forced execution by the court, following the abolition of the enforcement title or the forced execution itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, and which in turn becomes the creditor of the restitution obligation. The natural consequence of the solution of admitting the return of enforced execution requires the restoration of the previous situation, which will be done in the register of the general provisions provided for in art. 1635-1649 of the Civil Code. The effective method of restoring the previous situation converges on the analysis of different civil law principles, with similar valences but different effects, especially the principle of restitutio in integrum and the principle of full repair of the damage, in the perimeter of good faith and bad faith of the debtor of the restitution obligation. In the context of the civil circuit, situations may arise, in which the main method of restitution of benefits, in kind, is no longer possible, so new practical difficulties arise in restoring the previous situation, in this framework, the incidence will be analyzed for interest - moratory damages and compensatory damages.

Suggested Citation

  • Liviu Alexandru NARLA, 2023. "Moratory Damages and Compensatory Damages in the Context of the Return of Foreclosure," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 12(1), pages 57-64, March.
    • Handle: RePEc:sja:journl:v:12:y:2023:i:1:p:57-64
    as

    Download full text from publisher

    File URL: https://adjuris.ro/revista/articole/An12nr1/6.%20Narla%20Liviu%20Alexandru%20EN%20.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Catalin-Radu Pavel, 2018. "Constitutional references related to the guarantee of the right of a person aggrieved by a public authority in Romania," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(1), pages 114-129, March.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.

      More about this item

      Keywords

      moratory damages; compensatory damages; restitutio in integrum; the principle of full reparation of the damage.;
      All these keywords.

      JEL classification:

      • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
      • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

      Statistics

      Access and download statistics

      Corrections

      All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:12:y:2023:i:1:p:57-64. See general information about how to correct material in RePEc.

      If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

      If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

      If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

      For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/ssjarea.html .

      Please note that corrections may take a couple of weeks to filter through the various RePEc services.

      IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.