Abstract:

A particularly important aspect of practice, on which contrary views have been expressed, is the possibility of inserting a compensatory penal clause in commercial contracts for the obligations concerning payment of a sum of money, as well as the form in which the penal clause is put.

These controversies were determined by the fact that the matter of the commercial law was often an opportunity for the legislator to derogate from common law, having in view the commercial character. Thus, defaults or delays in execution time can have much more serious consequences than in civil law, can amount to many times with huge financial losses, payment of substantial penalties or even a company bankruptcy.