MECANISMUL FUNCȚIONĂRII CLAUZEI PENALE CU SPECIALĂ PRIVIRE ASUPRA APLICĂRII ACESTEIA ÎN CAZUL REZOLUȚIUNII SAU REZILIERII CONTRACTULUI

This study examines a series of controversies concerning the operation of the penal clause in certain special situations such as: admissibility of penalties running after the cancellation/resolution of contract if, by assumption, the debt had not been yet fully or partly liquidated by the debtor; the issue of the possibility of reducing the amount of „clearly excessive” penalties by the court, if these penalties are „clearly excessive” [Article 1541 (1) b) of the new Civil Code]; the admissibility of the plurality of various clauses that provide penalties and others.