4. Între consensualism şi solemnitate. Scurte consideraţii asupra sancţiunii nulităţii absolute a contractului de vânzare derivată din lipsa formei sau formalităţii prescrise de lege
4. Between consensualism and solemnity. Brief considerations on the sanction of absolute nullity of the sale contract arising from the lack of the form or formality prescribed by law

Summary/Abstract: In principle, the sale contract is a consensual contract which is formed, under Article 1674 of the Civil Code, by the mere agreement of the wills of the contracting parties, and as soon as the parties have agreed on the thing sold and on the price, even if the good has not been delivered and the price has not been paid, the moment of conclusion of the contract is the moment at which „ownership is transferred by operation of law”. By way of exception to the principle of consensualism, in some cases the sale becomes a solemn contract, which requires compliance with certain forms/formalities laid down by law for the valid formation of the contract, failure to observe them being sanctioned by the absolute nullity of the legal transaction (in the sense of negotium iuris). In order to align this article with the theme of the issue devoted to nullities in civil law, we aim to provide a brief analysis of the formal requirements for the conclusion of the contract whose breach entails absolute nullity, with particular reference to the sale contract.

• Details
• Contents