On the Relation Between the Legal Interest, the Contractual Interest and the Default for Delay in Case of Non-Fulfilment of a Civil Pecuniary Obligation

The present article focuses on the interest as an accessory right dependent on the existence of another (principal) right. The main type of interest analyzed is the legal interest which is established in art. 86 of the Obligations and Contracts Act. This interest is applicable in all cases when the parties to a legal relation have not agreed on another size of the interest for non-fulfilment of a civil pecuniary obligation. The parties may agree on either a higher interest (in which case there will be a default for delay), or on a lower one. The article studies the relationship between the legal interest and the two types of contractual compensations.