SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE
As the bilateral contract promise is a civil convention, it must meet all the general conditions of validity of the contracts provided by art. 1179 of the Civil Code. Given the role of the preparatory contract that promises play in the formation of the final will to conclude another contract, they m...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2022-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2022_articles%252F2_CKS_2022_PRIVATE_LAW%252FCKS_2022_PRIVATE_LAW_009.pdf |
| _version_ | 1818159447046881280 |
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| author | Emilian-Constantin MEIU |
| author_facet | Emilian-Constantin MEIU |
| author_sort | Emilian-Constantin MEIU |
| collection | DOAJ |
| description | As the bilateral contract promise is a civil convention, it must meet all the general conditions of validity of the contracts provided by art. 1179 of the Civil Code. Given the role of the preparatory contract that promises play in the formation of the final will to conclude another contract, they must also meet a number of specific conditions. Thus, there is a close relationship between the content of the promise and that of the foreshadowed final contract, the conditions of validity of the latter being found in the conditions of validity of the promise, or in other words the validity of the promised contract depends on the validity of the contract promise. Given that the fulfillment of the conditions of validity of the promised contract is directly dependent on the fulfillment of the conditions of validity by the promise, it is important to establish those conditions, called essential elements, which must be found in the pre-contract for it to be considered valid by reference to the foreshadowed contract. There are also a number of elements related to the validity of the sales contract but they do not have to be fulfilled at the time of conclusion, and their existence sometimes justifies the very existence of the promise of sale. |
| first_indexed | 2024-12-11T15:46:07Z |
| format | Article |
| id | doaj.art-e8e5233af78d49f4a1485aacd599e987 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-12-11T15:46:07Z |
| publishDate | 2022-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-e8e5233af78d49f4a1485aacd599e9872022-12-22T00:59:41ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962022-06-01151147159SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISEEmilian-Constantin MEIU0Faculty of Law, „Nicolae Titulescu” University of BucharestAs the bilateral contract promise is a civil convention, it must meet all the general conditions of validity of the contracts provided by art. 1179 of the Civil Code. Given the role of the preparatory contract that promises play in the formation of the final will to conclude another contract, they must also meet a number of specific conditions. Thus, there is a close relationship between the content of the promise and that of the foreshadowed final contract, the conditions of validity of the latter being found in the conditions of validity of the promise, or in other words the validity of the promised contract depends on the validity of the contract promise. Given that the fulfillment of the conditions of validity of the promised contract is directly dependent on the fulfillment of the conditions of validity by the promise, it is important to establish those conditions, called essential elements, which must be found in the pre-contract for it to be considered valid by reference to the foreshadowed contract. There are also a number of elements related to the validity of the sales contract but they do not have to be fulfilled at the time of conclusion, and their existence sometimes justifies the very existence of the promise of sale.http://cks.univnt.ro/download/cks_2022_articles%252F2_CKS_2022_PRIVATE_LAW%252FCKS_2022_PRIVATE_LAW_009.pdfart. 1182 alin. (2)art. 1279art. 1669promise of saleconditions of validitycapacityconsentcauseobjectform |
| spellingShingle | Emilian-Constantin MEIU SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE Challenges of the Knowledge Society art. 1182 alin. (2) art. 1279 art. 1669 promise of sale conditions of validity capacity consent cause object form |
| title | SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE |
| title_full | SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE |
| title_fullStr | SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE |
| title_full_unstemmed | SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE |
| title_short | SHORT STUDY ON THE ESSENTIAL ELEMENTS OF THE BILATERAL SALES PROMISE |
| title_sort | short study on the essential elements of the bilateral sales promise |
| topic | art. 1182 alin. (2) art. 1279 art. 1669 promise of sale conditions of validity capacity consent cause object form |
| url | http://cks.univnt.ro/download/cks_2022_articles%252F2_CKS_2022_PRIVATE_LAW%252FCKS_2022_PRIVATE_LAW_009.pdf |
| work_keys_str_mv | AT emilianconstantinmeiu shortstudyontheessentialelementsofthebilateralsalespromise |