5. Aspecte teoretice și jurisprudențiale privind prejudiciul derivat din neplata prețului în contractul de vânzare
5. Theoretical and case law aspects regarding damage derived from non-payment of price in the sale contract

Summary/Abstract: As an object of the buyer's obligations, the price represents, at the same time, the determining cause for the seller's conclusion of the contract. The price is essential to the contract. Listed in article 1.724 Civil Code, direct forced execution, termination of sale, or the exception of non-performance, the stated remedies represent as many options for the seller in case of non-payment of price by the buyer. The way these remedies are analyzed by doctrine and case law clearly outlines the idea that legal theory interacts with judicial practice, having its source in the needs of social practice. The theory of remedies for non-payment of price, which we propose to analyze in this article, can only achieve its full purpose and verification criterion through the application of its results in judicial practice. The decisions we will refer to, mostly pronounced by the High Court of Cassation and Justice, are final and through them can be drawn the most important features of the legal regime of the price payment obligation, as well as the seller's possibilities to act in case of non-performance by the debtor.

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