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    STUDIA IURISPRUDENTIA - Issue no. 2 / 2010  
         
  Article:   ARTICOLE : OBIECTUL CREANŢEI DE DOBÂNDĂ MORATORIE.

Authors:  .
 
       
         
  Abstract:  Object of Moratory Interest Debt. Usually assimilated by an almost mechanic reflex to the interest that the creditor might obtain from a profitable investment if he had received the money on time, moratory interest has in reality no other object than to compensate for the abstract and constant prejudice which results from a delay in performing the payment. On the background behind the undoubted presumption, there is the idea related to the certitude of the prejudice. And only the delay itself may here be elevated to the level of secure prejudice. What completes moratory interest is the delay itself making abstraction of any other element, which might be called pretium temporis. The delay in payment represents itself a prejudice which can be repaired.

Keywords: moratory interest, moratory prejudice, contractual liability.
 
         
     
         
         
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