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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

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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LEGE no. 313 313 of 19 February 1879 for the cancellation of the criminal clause of some contracts and for the addition of a paragraph to Article 1089 of the Civil Code
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 40 40 of 20 February 1879



+ Article 1 The criminal clause, in contracts of loans or benefits in kind, is and will remain cancelled, whichever will be the date of the act whose execution is required, but only if the term of the chargeability of the claim falls following the promulgation of this law. The judge, in case of loan, will only be able to condemn the interest payment provided by art. 1589 of the Civil Code, or, in case of other bonds, to damages, according to art. 1084 of the Civil Code. + Article 2 If the criminal clause is not stipulated directly, but will be disguised in another form, or will result from the conditions of the act, the judge will appreciate and be able to cancel from that contract what the character of the criminal clause would have, and can apply, after the cases, art. 1589 1589 or art. 1084 of the Civil Code. + Article 3 In art. 1089 of the Civil Code is added as follows: " The clause by which, from before and at the time of the formation of a convention other than a commercial convention, will be stipulated interest on interest due for one year, or for less than one year, or other future income, shall be determined. declare null ". This law was voted on by the Senate, at its meeting on January 29, 1879, and was adopted by a majority of 35 votes, against 11. Vice President, C. Bosianu (L.S.S.) Secretary, G. Leaca This law was voted by the Assembly of Deputies, at its meeting on February 15, 1879, and was adopted by a majority of 57 votes, against 11, and 1 abstention. Vice President, G. Hasnas (L.S.A.D.) Secretary, V. Calcantraur. We promulgate this law and order that it be invested with the seal of the State and publish through the Official Gazette; and our minister of state at the justice department is charged with the execution of the present decree. Given in Bucharest, on February 19, 1879 (L.S. St.) CAROL ------