Old Fashion Warranty in Sale Contracts: Eviction and Defects in Romanian Regulations of the Early XIXth Century and Their Influence on Modern Civil Codes
Old Fashion Warranty in Sale Contracts: Eviction and Defects in Romanian Regulations of the Early XIXth Century and Their Influence on Modern Civil Codes

Summary/Abstract: Over time, the stability of the legal framework has favored the development of production and trade in conditions of predictability and safety. The experiences of the past can be capitalized in the present by adapting old rules to new legal situations, without altering the essence of legal concepts. Identifying the essential, constant elements is the real challenge for preserving the authenticity of legal institutions. To this end the present article analyzes the warranty against eviction and defects in the Romanian legislation of the early XIXth century, respectively the Caragea Law and the Calimach Code. The paper is structured in two parts, the first being intended to identify the specific elements of the warranty mechanism for eviction and defects in the two previously mentioned regulations by using the concepts developed in Roman law, and the second part analyzes the extent to which the particularities of this mechanism were taken over in modern Romanian Civil Codes, of 1864 and 2009. The conclusion of the paper aims to identify the common essential and defining elements for the warranty against eviction and defects in the Romanian legislation of the last two centuries.

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