Angajarea răspunderii vânzătorului în cazul contractelor lovite de nulitate
THE SELLER’S LIABILITY IN THE CASE OF VOID CONTRACTS

Summary/Abstract: The purpose of this article is to analyze the remedies available to the buyer in the event that the contract of sale is declared void. Following an evaluation of the relevant case law and doctrine, we have identified two possible remedies, namely the autonomy of the warranty against eviction or the conversion of the warranty clause into an arrangement of tort liability. These solutions take into account the evolution of the warranty against eviction and the way in which compensation for damage caused by nullity has been enshrined in other legal systems. It remains to be seen to what extent such a solution will also be accepted in practice.

• Details
• Contents