The issue of legal presumption, according to the provisions of Law no. 17/2014 on certain regulatory measures regarding the sale and purchase of agric Cover Image
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Problema prezumării legale, în baza prevederilor Legii nr. 17/2014 privind unele măsuri de reglementare a vânzării-cumpărării terenurilor agricole sit
The issue of legal presumption, according to the provisions of Law no. 17/2014 on certain regulatory measures regarding the sale and purchase of agric

Author(s): Cezara Chirică
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: good faith; presumption; absolute force of evidence; action in rectifying; warranty against eviction.

Summary/Abstract: This study is intended to identify the consequences of the legal presumption, under the provisions of Law no. 17/2014, of the good faith of both parties to a contract transferring ownership and having as object the agricultural land outside the built area. The legal presumption of the seller’s good faith is examined from the perspective of the effects on the statute of limitations of the action in rectifying the Land Register entries and from the perspective of the effects on the warranty against eviction. As regards the purchaser, the legal presumption of his good faith is considered from the perspective of the criterion nature of its appreciation, equally with consequences over the statute of limitations of the action in rectifying the Land Register entries against him.

  • Issue Year: 2014
  • Issue No: 04
  • Page Range: 73-86
  • Page Count: 14
  • Language: Romanian