BONA FIDE PURCHASER AND THE SALE OF A PROPERTY BELONGING TO ANOTHER. QUESTIONS ON THE EVOLUTION OF JURISPRUDENCE IN THIS FIELD UNDER THE NEW CIVIL CODE
BONA FIDE PURCHASER AND THE SALE OF A PROPERTY BELONGING TO ANOTHER. QUESTIONS ON THE EVOLUTION OF JURISPRUDENCE IN THIS FIELD UNDER THE NEW CIVIL CODE

Summary/Abstract: Unlike the previous Romanian Civil Code (1864) which did not regulate the sale of the property belonging to another, according to the evolution of the other laws on European level and on the recitals of harmonizing European regulations, the new Romanian Civil Code, which entered into force on 1 October 2011, expressly regulates in Article 1683 the institution of selling another’s property, which marks a change intended to clarify the way this institution functions in the legal practice. This article discusses the way the legal practice will receive the new regulation and raises a number of questions about the vision of the bona fide purchaser who did not know about the lack of ownership of the seller and the ability to implement in these conditions the solutions provided by Article 1683 of the new Civil Code on the sale of the property belonging to another.

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