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The Eviction In The Sale-Purchase Contract In The Light Of The Current Civil Code Regulations

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  • Carmen-Teodora Popa

Abstract

Eviction is a theme that has permanently preoccupied the theoreticians of law, the provisions of the Romanian Civil Code on this issue being subject to extensive discussions and interpretations. The guarantee for eviction is specific, unless otherwise agreed, only to contracts for pecuniary interest, in which the debtor of this obligation considered also a consideration at the time the contract was concluded. The guarantee for eviction refers both to the ownership transfer contracts as well as to those for the transfer of use. The eviction is certainly among the oldest legal institutions, but undoubtedly its importance inhuman society has not lost relevance at all, but on the contrary we can say that over time it became more refined even if the doctrine recognizes at the same time that the practical significance of the rules on eviction is relatively low. This article analyzes the eviction in the sale-purchase contract in the light of the current Civil Code regulations.

Suggested Citation

  • Carmen-Teodora Popa, 2016. "The Eviction In The Sale-Purchase Contract In The Light Of The Current Civil Code Regulations," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(1), pages 160-170, June.
    • Handle: RePEc:dcu:journl:v:10:y:2016:i:1:p:160-170
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    More about this item

    Keywords

    eviction; sale-purchase contract;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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