The Regime of Vices in the Contract of Sale Cover Image

The Regime of Vices in the Contract of Sale
The Regime of Vices in the Contract of Sale

Author(s): Livia Mocanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: apparent vices; hidden vices; warranty for lack of agreed qualities; operational warranty

Summary/Abstract: The contract of sale has an important position in the Romanian civil law, position designated by the legislator in its regulation in Title IX, Chapter I, of the new Civil Code. The current regulation bears the signature of the contemporary society evolutions and reflects the national legislator’s interest to elaborate a modern regulation and one in harmony with the efforts existing in the European Union to create an instrument of European law for contracts. For our analysis, we selected the issue of vices in the contract for sale, considering the fact that the purchase of more and more sophisticated goods increased significantly and this imposed new legislative standards. The new Civil Code includes important changes for the vices regime of the contract of sale, and on this background our study refers to: the regime of apparent vices, the conditions of liability for hidden vices, the termination and penalty for hidden vices, the warranty for lack of agreed qualities, and the operational warranty.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 321-333
  • Page Count: 13
  • Language: English