VÂNZĂRILE SUCCESIVE ALE BUNULUI – GARANŢIILE ASCENDENTE ÎN AMBIANŢA NOULUI COD CIVIL
Successive sales of the asset – Bottom-up guarantees in the light of the new Civil Code

Summary/Abstract: In this article, the author describes the characteristics of the successive sales of the asset, mainly referring to bottom-up guarantees in the light of the new Civil Code. The structure and content of the study reveal the comments on the admissibility conditions of the bottom-up guarantee, on the legal nature, from a historical and comparative law perspective, on the role played by the exculpatory clauses, on the provisions of taking the risk of eviction, the refund of price – the effects of upholding the action to enforce bottom-up guarantee, the type of eviction aimed, on the existence or non-existence and on a direct redhibitory action or for a reduction of price on account of defects against the first seller, taking into consideration, on the basis of the above, the doctrine developed by famous names in the matter of law (D. Chirică, H. Mazeaud, L. Mazeaud, J. Mazeaud, Fr. Chabas, F. Collart Dutilleul, Ph. Delebeque, B. Gross, S. Valory, J. Flour, J.-L. Aubert, J. Mestre, F. Zénati, V. Heuzé). Finally, the author formulates brief considerations regarding the action of the subsequent owner to enforce bottom-up guarantee which is taken over from the assets of its author (intermediary purchaser) against the original seller and which, in principle, shall be subject to the regime of the primary contract, to which the first seller – the defendant in this action – agreed, with some notable exception, namely, the fact that the seller defendant cannot be forced to refund more than the actual price received in the first agreement (plus the damages caused by wilful misrepresentation). Moreover, the initial seller is entitled to oppose the subsequent owner claimant the restrictive clauses or those which exempt from the guarantee

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