Civil Sale Contract

Cojanu Raluca, BA, Group 8881

 INTRODUCTION

• The notion of “contract” appears for the first

time in the Roman’s Private Law. In the
Roman’s Law, the principal element was not
the agreement between the two parts of the
contract, but the formal elements asked for
closing the contract.
• But as the production and the commercial
trading are developing, the contractual
solemnities begin to constitute a break on
development of economic life.
• The sale and purchase (emptio - venditio) is
a consensual contract under which a person-
called the seller -is required to send to
another - called the buyer- a lasting and
peaceful possession of something (MERX) in
exchange for payment- called price
(pretium).¹

¹Vladimir Hanga , Manual de drept privat roman, Editura Cordial, Cluj-Napoca, 1994, p.273
• The contract in Rome, was at the beginning just a
convention, but after the emergence of consensual
contracts, the notion of convention has become
synonymous with that contract. The word
"contractus" means to put together. In old age being
made by two separate acts, the sale and purchase
was defined as a union of buying-selling (contractus
emptionis venditionisque). The word "contractus"
was then generalized.
• Thus, the contract means the agreement of will
between two or more persons to serve or close
between them a juridical relation (art.942 civil
code).¹

¹ Art. 942 Cod civil ,Titlul III, Despre contracte sau convenţii, capitolul I, Dispoziţii preliminare,
Codul Juristului, Editura Argessis, 1996, p.122
 JURIDICAL CHARACTERS
The civil sale contract can be:
• Consensual - Can be closed through the simple
agreement of will, without performing any formality
and without handing the good sold and the price
when closing the contract
• Bilateral - It gives rise to mutual obligations
between contracting parties, the seller having the
obligation to give the good sold, and the buyer has
the obligation to pay the price.¹

¹ Liviu Stanciulescu, Drept Civil.Partea speciala, Contracte si succesiuni, editia 2, Editura All
Beck, Bucuresti, 2004, p.11
• With Onerous Title - Both parties follow some
patrimonial interests (seller is interested in getting the
price and the buyer is interested in getting the good
bought) ¹
• Commutative - The existence and extent of mutual
obligations are known by parts from the time of closing
the contract.
• Translation of ownership since its end - Transferring
the ownership of property from seller to buyer, and with
this, the transfer of the risks, because from the moment
of acquiring the ownership, the buyer supports also the
risk of loosing the good.²

¹ Prof. Univ. dr. Francisc Deak, op. cit., p.10

² Mariana Rudareanu, Obligatii. Contracte, Editura Fundatiei Romania de maine, Bucuresti,
2006, p.89
 CONDITIONS OF VALIDITY
• Like any other juridical act, the civil sale
contract, to be valid closed, according to art.
948-968 Civil Code must meet the following
conditions ¹ :
– Parties has to have the capacity to contract
– Valid consent of the parties that are obliged
– The object of the contract to be determined,
lawful and possible
– The clause of the contract to be lawful and
moral
¹ Coord. Ion Dogaru, Drept Civil. Contractele speciale, Editura All Beck, Bucuresti, 2004,
p.22
• Apart from these general conditions, the civil
sale contract has to respect also other
conditions to be valid closed, such as:
– The authentic form in case the object of the
contract is a ground
– Prior authorization of certain sales
 THE OBJECT OF THE
CONTRACT

• The civil sale contract gives rise to two

mutual obligations: the obligation of the
seller has like object the good sold, and the
obligation of the buyer has like object the
price.¹

¹ Mariana Rudareanu, Obligatii. Contracte, Editura Fundatiei Romania de maine, Bucuresti,

2006, p.100
The good sold:
The good sold has to accomplish the
following conditions ¹:
– To be in commerce (in the civil circuit);
– To exist in the moment of closing the contract
or the possibility to exist in the future
– To be determined or determinable, lawful and
possible
– To be the property of the seller

¹ Prof. univ. dr. Francisc Deak, editia a IV-a, op. cit., p.59
The price:
Price is subject to the benefit of the buyer and it
corresponds to the value of the good sold. It must meet
the following conditions:
– To be determined in money
– To be determined or determinable
– To be frank and serious
– But if these conditions are not met, the contract is
absolutely null; at least the sale because it lacks
an essential element on which agreement must be
made of will (Article 1295 Civil Code).¹

¹ Mariana Rudăreanu, Obligaţii. Contracte, Editura Fundaţiei România de Mâine,

Bucureşti, 2006, p. 107
 Effects of the Civil Sale Contract
The main legal effect of sale contract is to displace the ownership from
the seller to the buyer.
Obligations of the seller:
The seller has two obligations:
• Handing the buyer the good sold (the main obligation of handing is
regulated by the art. 1314-1334 of the Civil Code and lies in providing
the good sold to the buyer ) ¹
• To ensure the buyer against eviction and against vices (According
to art. 1336 of the Civil Code, the seller needs to ensure the buyer of
peaceful use of the good meaning the guarantee against eviction and
the useful use of the good meaning the guarantee against defects.)²

¹ Mariana Rudăreanu, Obligaţii . Contracte, Editura Fundaţiei România de Mâine, Bucureşti,

2006, p. 108
² Prof. Univ. Dr. Francisc Deak, Tratat de drept civil. Contracte speciale, Editura Universul
Juridic, Bucureşti, 2001,p. 73
Obligations of the buyer:
The buyer has two main obligations:
• To pay the price (Unless otherwise provided in the
contract, the buyer is obliged to pay the price where and
when the seller is handing him the good sold)
• To receive the good sold (corresponding to the handing
obligation of the seller, the buyer is obliged to receive the
good sold at the place and the date by which the seller is
obliged to surrender, sustaining also the costs of getting
the good from the place of selling.¹

¹ Mariana Rudăreanu, Obligaţii. Contracte, Editura Fundaţiei România de Mâine, Bucureşti,

2006, p. 114
 Varieties for sale
• The Civil Code Regulates the following varieties for selling:
• Lot Sale (vanzarea cu gramada) -According to art. 1299 of the
Civil Code, the lot sale is the sale which supply the kind of
goods that is characterized by a fixed mass block and the price
is set globally and not on units of measure. In principle, a “lot
sale” when there is no need to weigh, to count or to measure
for determining the object sold or the sale price.¹
• The sale after weight, number and measure ( has like object
goods from a determined lot and for individualization of
quantity or price determination is required the weighing,
measuring or counting operation)

¹ Mariana Rudăreanu, Obligaţii . Contracte, Editura Fundaţiei România de Mâine, Bucureşti,

2006, p.115
• The sale by tasting ( is a contract closed from the moment
of realizing the agreement of will, in which is stipulated the
suspensive condition of trying the good by the buyer)
• The sale with repurchase pact ( is a contract through
which the seller reserves the right to resume the good sold,
paying back to the buyer the price and the costs of selling)
• The sale of a heritage ( known also as the “sale of
inheritance rights”, regulated by the art. 1399-1401 of the
Civil Code, is a contract through which the owner of a
inheritance right, alienates with onerous title this right to a
person) ¹

¹ Mariana Rudăreanu, Obligaţii . Contracte, Editura Fundaţiei România de Mâine, Bucureşti,

2006, p.117
• Sale of Litigation rights and the
litigation’s Retractor (The owner of a
litigation right has the possibility to sell the
right submitted to judicial appeal, whether if
this is a real right or claim right, before the
proceeding’s solution.)
BIBLIOGRAPHY
• Vladimir Hanga , Manual de drept privat roman, Editura Cordial, Cluj-
Napoca, 1994
• Art. 942 Cod civil ,Titlul III, Despre contracte sau convenţii, capitolul I,
Dispoziţii preliminare, Codul Juristului, Editura Argessis, 1996
• Liviu Stanciulescu, Drept Civil.Partea speciala, Contracte si
succesiuni, editia 2, Editura All Beck, Bucuresti, 2004
• Mariana Rudareanu, Obligatii. Contracte, Editura Fundatiei Romania
de maine, Bucuresti, 2006
• Ion Dogaru, Drept Civil. Contractele speciale, Editura All Beck,
Bucuresti, 2004
• Prof. Univ. Dr. Francisc Deak, Tratat de drept civil. Contracte speciale,
Editura Universul Juridic, Bucureşti, 2001
 QUESTION:
WHICH ARE THE JURIDICAL CHARACTERS OF
THE CIVIL SALE CONTRACT?
 ANSWER:
- CONSENSUAL
- BILATERAL
- WITH ONEROUS TITLE
- COMMUTATIVE
- TRANSLATIVE OF OWNERSHIP SINCE
ITS END