The contract of sale as a means of creating security property Cover Image
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Contractul de vânzare ca mijloc de constituire a proprietăţii-garanţie
The contract of sale as a means of creating security property

Author(s): Cristian-Codrin Botu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: security-property; reservation of title; buy-back; legal nature; conditions of validity; effects; insolvency; case law; solutions;

Summary/Abstract: In this study, we will focus our attention on the security-property and the most common ways of creating it, especially sale with reservation of title. The doctrinal and jurisprudential controversies concerning its legal nature, the conditions of its validity and even its effects will be presented, and certain more or less innovative solutions to these problems will be put forward or, as the case may be, promoted. Occasionally, in the footnotes, we refer to buy-back sale, which can be seen as another variation of sale, whereby ownership serves as a means of securing an obligation. The solutions we have advocated could be considered, at times, unusual, compared to the majority doctrine, which is why we allow ourselves to „hide”, this time, behind the motto of the Romanian Journal of Private Law. All under discussion.

  • Issue Year: 2023
  • Issue No: 03
  • Page Range: 113-144
  • Page Count: 32
  • Language: Romanian
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