Considerații pe marginea contractului de vânzare-cumpărare. Capacitatea de a contracta
Considerations about the sale-purchase contract. Capacity to contract

Summary/Abstract: The sale-purchase contract is undoubtedly, in the 21st century and in the landscape of the Romanian law, the most frequent contract used in practice, having an essential and decisive role in the organization and development of social and economic life. The complexity, variations and particularities of this contract, starting from its conclusion and until the exhaustion of all its effects, contribute to shaping the overwhelming importance of the sale, of the „standard contract” which is the most used legal instrument for transferring goods. In this context, the effectiveness, usefulness and practical applicability of a sale-purchase contract depend essentially on its structural, „anatomical” elements, namely the essential, intrinsic and extrinsic conditions of validity which directly determine the effects of the sale. Depending on these structural elements there are researched and assessed the validity of any contract, in whose absence its legal effects cannot operate, and, if they operate, they will be abolished with all the consequences which they entail. Thus, the valid formation of the sale contract implies more than a simple analysis of the mechanism of realization of the will agreement; it necessarily involves a detailed examination of the structural elements of the contract which are referred in the law as being „the essential conditions for the validity of the contract”. Any dispute which may arise, having as object a sale-purchase contract, will be based primarily on the analysis of the legal fulfilment of the very conditions of validity of this contract, which will unequivocally determine the subsistence of the contract, as well as the extent and applicability of its effects.The law has provided in the matter of the sale-purchase contract incapacities to sell, respectively to buy, which must be interpreted restrictively, their purpose being either the protection of those subject to these prohibitions or of the third parties or of the public interests. Establishing the purpose of each incapacity is important, whereas, depending on this, the sanction will be that of relative nullity (if the incapacity was intended to protect the incapable person) or absolute nullity (if a public interest was protected by incapacity).

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