JUDICIAL EVALUATION OF LOSS IN THE CASE OF DELAY OF MONEY OBLIGATIONS EXECUTION – POSSIBILITY ENSHRINED IN THE NEW CIVIL CODE

Abstract

If in other institutions the reforming factor of the New Civil Code is doubtable in the matter of contract interest-damage the new body of private law has a totally new vision, reordering from the base the entire judicial regime and revealing the intentions of the present romanian law-maker to detach itself from the optics of it’s predecessor from 150 years ago. The new civil code is crossed by the idea of recognizing a greater power of intervention for the court in contract matters, compared to the present regulations. On this line of thinking the matter of not executing money obligations the law-maker adopts a solution in accordance with the UNIDROIT Principles and with European Law of contracts: keeps the system of invariable damage repair but also provides the possibility of integral repair.