CONSIDERATIONS ON THE LEGAL NATURE OF THE CONTRACT OF CONSUMPTION Cover Image

Consideraţii privind natura juridică a contractului de consumaţie
CONSIDERATIONS ON THE LEGAL NATURE OF THE CONTRACT OF CONSUMPTION

Author(s): Camelia Spasici
Subject(s): Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: contract consumption; freedom of contract; professional; consumer; consumption sales;

Summary/Abstract: The contract is based on consuming the most important institution of civil law, namely the contract. Consumption contract is subject of dispute in the literature, especially in terms of its legal nature.The question is whether the contract doctrine of consumption is legal operation as understood in civil law contract or is a new concept. Answering this question under a contract consummation outstanding views is not only a legal institution, a legal instrument goal, and not an agreement within the meaning of civil law. This type of contract is not present only as a legal instrument of submission of legal operations.After consulting several opinions on the legal nature of the contract consuming conclusion reached is that the contract can be found only in the form of a special contract (a sale, a loan, a lease, etc.) in which parts are professionals and consumers, and that apply for special provisions. So we can not talk about a contract namely consumption, only about a sale of consumption.

  • Issue Year: I/2013
  • Issue No: I
  • Page Range: 435-444
  • Page Count: 10
  • Language: Romanian
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