Administrative contract. Transaction. Penalty clause. The intervention of the court

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The intervention of some misunderstandings subsequent to the transaction, regarding the payment, determines the party to apply to the court to request default damages and penalties, invoking the criminal clause contained in the transaction and the binding force of the transaction contract established by this decision of the expedient. The criminal clause is a contractual provision whereby the parties establish, by mutual agreement, in advance and by appreciation, the amount and the way of calculating the damages that will be owed by the guilty party, in case of non-fulfilment or the improper fulfilment of the assumed obligations.