Comparative Analysis of the Varieties of Sale and Their Legal Effects Analiză comparativă între varietățile de vânzare și efectele juridice ale acestora

Abstract

According to the doctrine and jurisprudence, as a consequence of the development of current socio-economic relations, we encounter in the civil circuit numerous situations regarding the transfer of property ownership, as well as some rights by which the legislator, in addition to the rules of common law in the matter of the contract of sale, considered that it is necessary to nuance and adopt special rules applicable to the varieties for sale. From this delimitation of the scope of the concept results a diversity of sales that assume dispositions characteristic of each individual sale. Among these varieties of sales we find in practice both experimental sales that help to form the consent for the conclusion of the sales contract, as well as sales of goods that are of a limited kind, as well as sales affected by condition or term or sales in which the nature of the object sold determines some special rules. Each variety has its specificity and peculiarities, dissociating between the transfer of ownership and the moment of transmission of risk. Regarding their legal effects, the obligations of the contract are differentiated by the special rules provided in C. Civ. which is completed with the general rules regarding the sale.