Remedii în cazul neexecutării contractului comercial internațional: clauza penală vs daune-interese

Abstract

This article is dedicated to the correlation between the penalty clause and damages, which are two remedies granted to the creditor to protect his interests in case of default by the debtor.Damages are the universal remedy known in all legal systems and instruments of uniform law, granted to the creditor of the unfulfilled obligation. But the parties can derogate from the legal regime established by the applicable law, concluding conventions regarding the conditions and extent of their liability. Such a convention is the penalty clause, found in most international commercial contracts, which is a contractual provision by which the parties assess the damage in advance, stipulating that the debtor, in case of non-fulfillment of the obligation, is to return to the creditor a sum of money or another good.