CONTRACTUL DE VĂNZARE-CUMPĂRARE. EVOLUȚIE-NOUTĂȚI
Purchase Agreement. Evolution. Novelties

Author(s): Adela Teoteoi-Pirlica
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: agreement; sale and purchase; payment; bilaterally; accord of will;
Summary/Abstract: Sale and purchase agreement or sale contract is one of most usual agreement, which we found in continental and common law system. It has origin in the right of the ancient Roman Empire. Starting from those times, the sale contract has been adapted according to the needs of the period to which it relates. The most common definition of this is that the seller shall undertake to sell, and the purchaser undertakes to buy a good. This article details both conditions of validity of contract, it’s characteristics, the main subject, the price, and it’s effects. The most visible aspect is that the good which is the subject of contract of sale-purchase comes out from the assets of the seller and comes in to the buyer, in exchange of a price. The contract of sale-purchase is an agreement between the parties which generates both, rights and obligations for all contracting parties. We mention this because the obligation of the seller to give the object covered by the contract lead to the purchaser obligation to pay the price. At their turn, they generate other obligations, such as conditions under which shall be handed over the good, when it will be handed over, as well as the manner in which they will pay the price. In the situation in which the subject of the contract is a real-estate, above-mentioned obligations should be linked with the provisions of the Civil Code relating to the entry of the real-estate in the land register.

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