TRANSMITEREA PROPRIETATII PRIN VANZARE IN TEMEIUL NOULUI COD CIVIL
THE TRANSFER OF THE PROPERTY RIGHT THROUGH THE SALE UNDER THE NEW CIVIL CODE

Summary/Abstract: The new Romanian Civil Code, under serious requirements of a social, economic and legal nature, brings a series of modifications in the matter of the transfer of the property right through the sale purchase contract. Some of these modifications are welcome and meant to eliminate the equivoque from the actual regulation (such as the rights creating constitutive effect of registering in the land register book of the building sale). Other modifications are, nevertheless, controversial and capable of shaking the thinking and legal Romanian logic at the moment (the transfer of the property right stipulated as a contractual obligation of the seller, the moment of the transfer of the contractual risk to the buyer). A reassessment of these latter modifications would be welcome on the part of the legislator.

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