Vânzarea cu opțiune de răscumpărare
Sale with repurchase option

Summary/Abstract: This study deals with the sale with repurchase option, a variety of sale of a distinctive specific nature, which may be sometimes confused with other types of contracts, of different legal nature. The paper analyzes how it is regulated the sale with repurchase pact in the Civil Code of 1864, highlighting the circumstance according to which the previous civil regulation did not contain clear and imperative legal norms that could have been able to be protect the public order interests, for the purposes of granting real legal guarantees for their defence before the sale with repurchase pact. At the same time, the study also undertakes a careful examination of the regulations included in the current Civil Code relative to the sale with repurchase pact. There have been noticed interesting legal issues related to the terminology used by the legislator in the current regulation regarding the right of repurchase option, a right analysed in a comprehensive manner, in its stages of emergence, exercise, taking effects, transmission and extinction. The paper reviews the main doctrinal opinions in the matter, shows the author’s own points of view on the controversial legal issues and the de lege ferenda proposals regarding the manner of regulation in the examined area. No doubt that the study addresses both to the theoreticians in legal sciences and to the law practitioners, to whom it provides a starting point for examining the subject and the crystallization of some fundamental ideas, likely to to contribute to the thorough application of the legal norms in the examined area.

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