Law No. 313 Of 19 February 1879 For The Annulment Of The Criminal Clause From Some Contracts And For The Addition Of A Paragraph To Article 1089 Of The Civil Code

Original Language Title:  LEGE nr. 313 din 19 februarie 1879 pentru anularea clauzei penale din oarecare contracte şi pentru adaosul unui aliniat la articolul 1089 din Codul civil

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Law No. 313 of 19 February 1879 for the annulment of the criminal clause from some contracts and for the addition of a paragraph to article 1089 of the civil code published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 40 of 20 February 1879 Article 1, Clause in loan contracts or benefits in kind, is and will be one cancelled, whichever shall be the date of the Act whose enforcement is requested, but only if the term exigibilitatii the claim would fall following the promulgation of this law.
The judge in the case of loan, we can only condemn the payment of interest provided for in art. 1589 of the civil code, or, in the case of other bonds, in damages, according to art. 1084 of the civil code.

Article 2 If the criminal clause will not be provided directly, but will be disguised under another form, or will arise from the very top of the document, the judge will appreciate it and will be able to cancel the contract by what would be the nature of the criminal clause can be applied after the cases art. 1589 or art. 1084 of the civil code.

Article 3 in article 7. 1089 of the civil code, the following paragraph is added: "Clause whereby, before and at the time of the formation of a convenţiune convenţiuni other than a commercial interest rate, will stipulate the interest due for a year, or less often than more than one year, or to other unearned revenue, will be declared null and void."
This law was voted by the Senate, in its session held on 29 January 1879, and was adopted by a majority of 35 votes, against 11.
Vice President, c. von Tischendorf (L.S.S.) Secretary, g. Leaca this law was voted by the Assembly of Deputies, meeting on 15 February 1879, and was adopted by a majority of 57 votes against 11, and 1 abstention.
Vice President, g. Richard (L.S.A.D.) Secretary, V. Calcantraur.
Promulgăm this law and categorise them as to be vested with the State seal and the public through the Official Gazette; and our Minister Secretary of State at the Department of Justice is responsible for the execution of the Decree of the face.
Given in Bucharest, February 19, 1879 (the L.S. St.) CHARLES — — — — —