UNDER THE NEW CIVIL CODE: THE SALE CONTRACT IS TRANSLATED PROPERTY OR CREATOR ONLY OF OBLIGATIONS?

• Main Author: LIVIU STANCIULESCU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2012-05-01
• Series: Challenges of the Knowledge Society
• Subjects: seller; property transfers; ownership; obligations; contract
• Online Access: http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_044.pdf

According to art. 1650, paragraph. 1, of the Civil Code, "The sale is the contract that the seller transmits or, where appropriate, seek to transmit the property of an asset to the buyer, for a price which the buyer is obliged to pay" The dispositions of the 2011 civil code suggests that compared to the time of transfer of ownership, the contract may have different legal nature: creative translative property or obligations. Thus, transfer of ownership may be immediately and in this case, as occurs or may be postponed (conclusion of the contract) and in this case, is an obligation of the seller. For example, art. 1674 of Civil Code states that "the property is" shifting "by right to the buyer" and "General Provisions" of art. 1672. paragraph 1 and art. 1673. paragraph 1 of Civil Code provides that "The seller is obliged to transmit the buyer the ownership of the sold property ". Please note that until the appearance of the Civil Code 2011, the sale was widely known as "translational property" and a possible shift in the category of contracts creating obligations would produce important consequences for the concept (and related institutions). On the background issues above, we consider that the presentation of opinions and arguments in their support could be beneficial.