PECULIARITIES REGARDING THE CONTRACT FOR THE SALE OF ANOTHER'S PROPERTY. PRACTICAL APPLICABILITY AND PROPOSALS FOR LEGE FERENDA
PECULIARITIES REGARDING THE CONTRACT FOR THE SALE OF ANOTHER'S PROPERTY. PRACTICAL APPLICABILITY AND PROPOSALS FOR LEGE FERENDA

Summary/Abstract: The contract for the sale of another's property represents a complex legal institution, the validity of which is conditioned by a series of essential elements, considering the particularity of its object. This article analyzes these conditions in detail, referring to the fundamental principles of Romanian civil law and to relevant doctrinal and jurisprudential interpretations. Aspects such as the consent of the parties, the capacity to contract, the determined and lawful object, and the lawful and moral cause will be explored, with special attention to the implications of the seller's lack of ownership. The aim of the paper is to provide a clear and concise perspective on the legal requirements for the validity of this specific type of contract. This scientific article analyzes the current regulation of the contract for the sale of another's property in Romanian law, identifying aspects that require clarification and improvement through legislative intervention (lege ferenda). By comparing with solutions adopted in other European civil law systems and from the perspective of the need to ensure a fair balance between the protection of the real owner and the legal certainty of transactions, the article formulates a series of concrete proposals for the modification and completion of existing legal provisions.

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