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The object of this article is the analysis of some actual issues regarding the content and particularities of the cluster of agreements involved by the sale-purchase agreement. We identified mainly two categories of contractual relationships that are specific to sale transactions that we classified in the legislated/regulated cluster of agreements and the contractual conventional cluster existing in relation to the sale-purchase agreement. Given that the problems are many and complex, we limited ourselves to the issues regarding the transfer of ownership and bearing the risk of perishing of the goods subject to sale, but which have to be carried from the place where they are to the buyer's office/domicile, or to some other destination mentioned by the latter. We reached the conclusion that a distinction should be made between the transfer of ownership and bearing the risk of perishment of goods, which pertain exclusively to the relationship between the seller and the buyer, and the issues regarding the liability for the destruction/loss of goods, which pertain to the contractual relationship with the other participants in the transaction (shipper, carrier, insurer, etc). [ABSTRACT FROM AUTHOR]

The preciput clause is a subject of dispute since the new Civil Code entered into force. Several question arise in this field: is this clause a liberality or a donation, which matrimonial regime is compatible with the preciput clause, for what reason the legislature choose to regulate preciput as a clause and not as an agreement and the expressed doubts can be continued as regard to the new civil law. The authors of this article are not having in mind to put an end to all those debates they are just proposing an investigation of the preciput clause under two aspects:legal nature and aplicability as related to the matrimonial regimes - legal community, separation of assets and conventional community with accents on the normative evolution as a result of social and economic changes. [ABSTRACT FROM AUTHOR]

Distance contracts allow consumers to purchase products or services to benefit from a greater choice. Likewise, remote communication techniques allow consumers to avoid movement, but also one to reflect on a contract already concluded. Legal relations away undesirable, however, that there is good contact with the consumer wishes to purchase. Likewise, consumers may not know until the information provided professional, good faith so it plays an important role in the conclusion and execution of the contract. Contract Financial Services is a variety of distance contract (governed by Ordinance no. 130/2000) distinguished mainly by its object. As a particuliarity, an important place in the study of distance contracts in financial services occupy pre-contractual obligation of information, along with the notion of unilateral termination of the enforcement and termination of such contracts. [ABSTRACT FROM AUTHOR]

Liability, whether civil, criminal, disciplinary, material and so on, are required to bear the consequences of non-compliance with rules of conduct and obligation which rests offender contrary to these rules and always bearing the imprint of social disapproval of such conduct. In this sense, accountability is identified with the sanction. The doctrine has been argued, whether indirect liability is a sanction or that the liability and penalty are two aspects of the same social phenomenon, they are distinct, as the penalty of liability covers only one side ie society's reaction. In the second sense, accountability involves legal rights and obligations correlative, appears as a complex of rights and associated obligations in accordance with law arise as a result of committing illicit acts constituting the realization of coercion by State by legal sanctions. That in support of the above, is the legal responsibility of making the punishment. Liability is one of the most important manifestations of liability, a fundamental category, and at the same time, a complex institution of civil law. [ABSTRACT FROM AUTHOR]

The right of withdrawal (of a contract) belongs to the consumer, and is an essential means for the improvement of regulations that protect the consumer.. Right of withdrawal is not a recent creation and is not even specific to the consumer field. He was previously recognized in civil and commercial law (without special regulation). The right to withdraw may even have as ground the parties will. Thus, based on the contractual freedom, the parties may agree that one of them has the right to terminate the contract unilaterally The possibility of unilateral denunciation of the contract, gives the consumer, added protection by being able to reflect the decision and to check how the trader fulfil its obligations. In this context, through its effects, the right of denunciation, forces the professional parties to conduct themselves as fair as possible to the consumer and to execute the contract properly. In the study of the consumer protection, the time of conclusion is essential because in this stage is manifested, the inequality between the consumer and professional. Thus, the lack of information, the major of products and activities, commercial practices, influence the formation of consumer will, preventing the expression of a freely and knowingly consent. [ABSTRACT FROM AUTHOR]

Code of 1864 may turn into any of the types of company governed by the new Civil Code and other laws (under the conditions imposed by law). Documents executed under the rule of the previous law remain subject to applicable law on their end. The company contract is governed by the Civil Code, Book V "On duty", Title IX Various special contracts, Chapter VII (art. 1881-1954). The above legislative context, new contract the company has the main characteristic simple lack of legal personality (art. 1892 par. Civil Code). The lack of legal personality and is not the essence of simple company. Thus, if associations want acquire legal personality, "the act amending the company contract shall state expressly its legal form and will agree to its terms with all applicable laws newly established society" (art. 1892 par. 2 Civil Code). Acquisition of legal personality by the company simply has to be without its dissolution. In this case, associations and newly created company will be severally liable for all debts of the company and indivisible born before acquiring legal personality (art. 1892 par. 3 Civil Code). According to art. Civil Code 1893, are treated as single companies, companies subject to the condition of registration under the law, but remain unregistered and companies actually. [ABSTRACT FROM AUTHOR]

We analyzed liberality, special institution of civil law substantially in two particular aspects: legal document formation legal act unilaterally and bilaterally band. Every human life is a complex and irreversible phenomenon, which they flow, limited in time, involve many connections with other beings, interfering various rights and obligations, concessions and compromises in the most varied forms. Within this complex phenomenon are inherent and legal operations are intertwined in the thread everyday life, day after day. Legal acts are governed by common rules, essential and generally applicable, on unilateral expression of will, the conditions of formation of the agreement will, in respect of conditions of life imperative, the form you need to put the act . Human freedom is expressed through law. But what is really important, lies in the fact that human beings can not be taken away freedom of choice to discern between good and evil, between normal and abnormal. Each person in relation to choice of law can have consequences. [ABSTRACT FROM AUTHOR]

In their work, traders adopt various modern techniques that allow remote communication. These add to the traditional way of terminating the contract by mail, outlining a broader concept, namely the contract. The introduction of modern technology leads to a significant development of border trade by providing multiple benefits for both merchants and consumers1. They can purchase products and receive services, which therefore would not have access available with a great choice. Likewise, the purchase of products through remote communication techniques have the advantage of avoiding travel, but also to allow the consumer to consider before making an order. All this leads to a proper regulation of the rights and obligations of the parties, both before and at the time the contract and during its execution. This is achieved by adopting the European Union Directive no. 97/7/CEE European Parliament and the Council of 20 May 19972, transposed into national law by GO no. 130/20003. [ABSTRACT FROM AUTHOR]

The credit agreement meaning is trust. It involves a psychological relationship between two or more persons, characterized by predictability the third one involving present or future action on the status of a particular person. This relationship is psychological, in a certain context, social relationship and may take legal meanings. If at the beginning, people borrowed food and tools, later borrowed money to buy everything you wanted. Financial lending institution has become very popular, creating a group of people who have dealt with this service. Over time, this community has turned into banks. Being originally a loan of money covered by the Civil Code, the credit is used daily by both individuals and by professionals, becoming an engine of capitalist society. Unprecedented expansion of this contract led to a strict control of public authorities and subsequent legislative interventions, the articles of the Civil Code is supplemented by regulations governing the progressive banking, legal interest, namely consumer credit. Under the credit agreement, the economic situation of the parties is not equal, one party is disadvantaged in comparison to the other, protecting the disadvantaged part of the legislature making it a target in credit operations. In French doctrine, consumer credit has been praised as "a contract of all pleasures"; but at the same time "an agreement of all risks". [ABSTRACT FROM AUTHOR]

The doctrine always raised the problem of the state intervention in the area of the contractual freedom. This way, it was said that the state intervention is justified for eliminating the social inequality of the principle of the will autonomy (the state intervention was qualified as an expression of 'the tendencies of the law to socialize', the state being conceived as a refree hired by social justice'). In modern economy context, it was concluded that for the rebirth of a theory fallen into disuse for several decades, respectively, of 'contractual solidarity', that assumes that at the basis of drawing up the contract stands the concilliation of the selfish interests of individuals who have a different social position through their belonging to a social group. According to the dominant doctrinary opinion, the foundation for 'the economic liberalism' of the contract, in the way it was conceived by the 1804 lawman, does not correspond to the new conditions and, therefore, the principle of the will autonomy remained just 'an old myth'. [ABSTRACT FROM AUTHOR]

The present study intends to analyse the bad deceit, a defect of consent, from the perspective of the fields where it generates great impacts according to legal practice, but also to the doctrine that deals with this notion. The study will contribute to a better understanding of the evolution of bad deceit behaviour in the domains of liberalities and family law, as well as of the consequences it produces. The first part of the study will include the legal background that regulates bad deceit, thus establishing the origin of the regulation on the issue. The following parts will deal with the modalities of development of bad deceit from the perspective of both succesoral law and family relationship law. [ABSTRACT FROM AUTHOR]