CONSIDERAŢII PRIVIND CONFORMITATEA BUNURILOR ŞI GARANŢIILE COMERCIALE LA VÂNZAREA DE CONSUMAŢIE, ÎN CONDIŢIILE O.U.G. NR. 140/2021
CONSIDERATIONS REGARDING THE CONFORMITY OF GOODS AND COMMERCIAL GUARANTEES AT THE SALE OF CONSUMPTION, UNDER THE CONDITIONS OF O.U.G. NO. 140/2021

Summary/Abstract: According to the common law, the main obligations of the seller are: the obligation to surrender and the obligation to guarantee the asset. The warranty owed by the seller implies his liability "for the quiet possession of the work" and "for the vices of the same thing" (art. 1336 C. civ.). Thus, the seller must ensure to the buyer the quiet and useful use of the good (according to the purpose given to it and the purpose for which it was purchased). O.U.G. nr. No 140/2021, on certain aspects relating to contracts for the sale of goods, established new rules on the sale of consumption (while repealing the previous regulations of Law No 449/2003). The main area subject to legislative changes concerns the conformity of the products sold and its guarantee. The study of the field is of theoretical and practical interest, especially through the difficulty of harmonizing the new European directives to the national legislation. The work is structured in three directions: "Selling consumption. Object"; "Conformity of goods sold to the consumer"; "Commercial guarantees" versus guarantees of conformity and conclusions".

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