23 January 2020

Has the maturity of a payment obligation occurred and the person who owes you the amount of money unduly delays the execution of the payment?

We bring in your attention that in this context you are entitled to obtain the amount of money owed by the debtor when it’s the due and you also can obtain the MORATORIA DAMAGES. The MORATORIA DAMAGES it’s the compensation in money that you, as a creditor, will receive for the delay of the debtor in the performance of the payment obligation. The MORATORIA DAMAGES will be due from the due date until the time when the payment will be made, and you doesn’t need to prove that you have suffered any damage by this delay.

For example, we bring in your attention the following situation: Company X delivers daily pastries to the Company Y accompanied by an invoice where it’s mentioned that the Company Y will make the payment within 5 days from the delivery of the products. The Company Y pays the first invoice received within the stipulated time limit but about the second invoice, issued on 15.12.2019 and notified upon receipt of the products, we notice that he pais it on 20.01.2020. In this context, Company X will be entitled to obtain the payment of the price established under the contract between the parties and the invoice issued, but the Company X will be also entitled to obtain the moratoria damages from 20.12.2019 to 20.01.2020.

For more information, the Musat&Partners team is at your disposal!