Aspects of the Seller’s Warranty Against Vices in the Good Sold in Romania
Aspects of the Seller’s Warranty Against Vices in the Good Sold in Romania

Author(s): Robert ȘERBĂNESCU
Subject(s): National Economy, Civil Law
Published by: Scientia Moralitas Research Institute
Keywords: buyer; Civil Law; contract; vices; property; guarantee; rights; consent;
Summary/Abstract: The sales contract has the legal nature of a consensual civil legal act, i.e., it takes the form ad validitatem, the simple agreement of will between the parties, if the law does not provide otherwise being sufficient for its valid conclusion. Being a synalagmatic contract, it gives rise to rights and obligations on both sides that are interconnected in order to achieve the agreement of will in the way it was expressed at the conclusion of the contract. However, there are situations when, after the termination of the legal relationship, certain circumstances may arise that make it impossible to exercise the buyer’s ownership right over the purchased asset. In this sense, it is required that the party called the seller, before the termination of the civil legal relationship between him and the buyer, undertakes obligations to guarantee the right of ownership transmitted through the sales contract. The importance of this obligation also emerges from certain aspects that are presumed at the conclusion of any civil legal act, namely, the good faith of the parties at their conclusion, a presumption that can be overturned by any means of evidence by the party invoking bad faith. The article aims to analyze some of the most important aspects of the sales contract in relation to the seller’s obligations to guarantee the buyer against hidden vices of the purchased good. Some conclusions at the end of the paper will aim to summarize all the information presented in a clearer way.

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