A COUPLE OF THEORETICAL BUT MOSTLY PRACTICAL ASPECTS REGARDING THE SALE-PURCHASE AGREEMENT
A COUPLE OF THEORETICAL BUT MOSTLY PRACTICAL ASPECTS REGARDING THE SALE-PURCHASE AGREEMENT

Summary/Abstract: The sale contract is, without a doubt, the most frequently used contract for transferring property, which must take a solemn form only when its object is represented by immovable assets or by an inheritance opened and not liquidated yet. The presence of the notary public when this contract is concluded constitutes a guarantee that the seller transmits the property right or a part of it upon his immovable assets or the right upon an opened inheritance, by observing the related legal provisions in the field. As a rule, the sale contract is a consensual one, so that it is enough for one party to express his will in order for the contract to be validly constituted. For this reason, we consider that it is useful for the civil law subjects to know the legal provisions applying to this kind of contract. From the multitude of aspects involved by asale, the present work will be debating only a few of them, which seem to raise some difficulties related to their understanding and application: the sanction applying when the special incapacities to sell and buy are not respected; the distinction between the unilateral promise to sell and buy; the bilateral promise to sell and buy and the option agreement.

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