Editura Universul Juridic Special contracts. 8th edition, revised and added. University course - Florin Motiu

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Publisher: Universul Juridic

Author: Florin Motiu

Pages: 415

Publisher year: 2020

ISBN: 978-606-39-0606-0

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Through the new Civil Code, which entered into force on October 1, 2011, an in-depth reform of the Romanian legal system was carried out. In the new regulation, as a consequence of abandoning the dualism Civil Code-Commercial Code, it was logically necessary to include as many special contracts as possible, including those considered until now as the exclusive prerogative of traders, and the codification of some contracts was achieved. hitherto unnamed (supply contract, commission contract, consignment contract, shipping contract, agency contract, intermediation contract, maintenance contract, etc.).


This eighth edition of the paper presents 23 special contracts in terms of new regulations, being updated on February 15, 2020, thus constituting a useful working tool for both law students and all practitioners in the field.
Florin Motiu
- PhD professor at the Faculty of Law of the West University of Timisoara;
- Former judge at the Timisoara Court of Appeal;
- Trainer of the National Institute of Magistracy in commercial law since 2004 and in European judicial cooperation in civil and commercial matters since 2007;
- Doctor in commercial law from the West University of Timisoara since 2005, with the distinction Magna Cum Laude, with the thesis Commercial intermediation contracts without representation;
- PhD supervisor in civil and commercial law since 2016;
- Member of the national network of judges for judicial cooperation in civil and commercial matters since March 2004;
- Coordinator from the Ministry of Justice of the draft Law on insolvency prevention and insolvency procedures;
- Member of the scientific council of the Romanian Journal of Business Law (RRDA) since June 2014 and director of the journal since 2018;
- Editor-in-Chief of Universul Juridic Magazine from January 2015;
- Coordinating Editor of the Practical Insolvency Treaty, Hamangiu Publishing House, Bucharest, 2014;
- Coordinator of the Insolvency Law Library collection, Universul Juridic Publishing House, since 2015;
- Author of 60 articles published in legal journals;
- Author and co-author of 38 monographic papers and university courses, of which: 1. Special contracts. University course, 8th edition, revised and added, Universul Juridic Publishing House, Bucharest, 2020;
2. Special contracts. Theoretical syntheses, grid tests and cases, 7th edition, revised and added, Universul Juridic Publishing House, Bucharest, 2020;
3. Grid tests, Minispete for entrance exams in the legal professions. Civil law, 6th edition, revised and added, Universul Juridic Publishing House, Bucharest, 2019;
4. Admission to the judiciary and the bar. Collection of topics with explanations of the answer options. 2019, Vol. I - Civil law, Civil procedural law, Universul Juridic Publishing House, Bucharest, 2019;
5. Commercial intermediation contracts without representation, Lumina Lex Publishing House, Bucharest, 2005;
6. Insolvency proceedings. Collection of Judicial Practice (2006-2009), Ed. C.H. Beck, Bucharest, 2011;
7. Civil contracts. Theory and judicial practice, Lumina Lex Publishing House, Bucharest, 2004;
8. Protection of children's rights domestically and internationally - interdisciplinary approach, Mirton Publishing House, Timisoara, 2008.

CURRENT TRENDS IN SPECIAL CONTRACT LAW / 7
TITLE I. CONTRACT OF SALE / 11
CHAPTER I. Notion. Legal characteristics / 11
Notion / 11
Legal characteristics / 12
CHAPTER II. Option pact. The promise of sale. The right of preemption / 15
Option Pact / 15
Unilateral promise to sell and buy / 19
Bilateral promise for sale / 21
The right of preemption / 25
Chapter III. Conditions of validity / 34
Consent / 34
Capacity / 35
Object / 40
Cause / 53
Chapter IV. The effects of the sales contract / 56
Generalities / 56
Obligations of the seller / 57
Obligations of the buyer / 88
Chapter V. Varieties for sale / 96
Bulk sale / 96
Sale of gender goods / 96
Selling by taste / 97
Trial sale / 99
Sale with redemption option / 100
Sale with arvuna / 102
Sale of inheritance / 104
Sale of disputed rights / 106
Sale with payment of the price in installments and reservation of the property / 108
Sale of agricultural land located outside the city / 109
Selling another's property / 111

TITLE II. EXCHANGE CONTRACT / 115
Notion and applicable rules / 115
Legal characters / 115
TITLE III. SUPPLY CONTRACT / 117
Chapter I. Notion. Legal characteristics. Delimitation from sale / 117
Notion / 117
Legal characteristics / 118
Delimitation from sale / 119
Chapter II. Conditions of validity / 121
Chapter III. Legal effects / 122
Chapter IV. Subcontracting / 124
TITLE IV. DONATION CONTRACT / 125
Chapter I. Notion and legal characters / 125
Notion / 125
Legal characters / 125
Chapter II. Form of the donation contract / 128
Promise of donation / 128
Between people present / 129
Between absent / 130
Estimated act / 131
Chapter III. Conditions of validity / 133
Object / 133
Capacity / 134
Consent / 137
Cause / 139
Chapter IV. Types of donations / 141
Simulated donations / 141
Indirect donations / 143
The manual gift / 144
Pregnancy donation (sub modo) / 146
Donation between spouses. Donations made to future spouses for marriage / 149
Chapter V. The effects of the donation contract / 152
General rules. The translational effect of the contract / 152
Obligations of the donor / 152
Obligations of the donee / 153

Chapter VI. The principle of irrevocability of donations / 154
Clauses incompatible with the principle of irrevocability / 155
Permitted clauses / 155
Revocation of donations. Legal causes. Enumeration / 156
Revocation for non - performance of the task / 157
Revocation for ingratitude / 158
TITLE V. LEASE AGREEMENT / 165
Chapter I. Notion, varieties and legal characters / 165
Notion / 165
Varieties / 165
Legal characters of the lease of goods, according to the Civil Code / 166
Chapter II. Conditions of validity / 168
Capacity / 168
Consent / 169
Object / 169
Cause / 170
Chapter III. The effects of the lease contract / 171
Obligations of the lessor / 171
Obligations of the lessee / 176
Chapter IV. Sublease and assignment of the lease contract / 180
Sublocation / 180
Assignment / 181
Chapter V. Termination of the lease / 182
Causes of termination / 182
Unilateral denunciation / 182
Expiry of the term established by the parties or by law / 183
Termination for non - performance of obligations / 184
Impossibility to use the good. / 185
Abolition of the lessor's title / 185
Alienation of the rented thing / 186
Death of the tenant / 187
TITLE VI. HOUSING RENTAL CONTRACT / 188
Chapter I. Notion, field of application and legal characters / 188
Notion / 188
Scope / 189
Legal characters / 189
Chapter II. Conclusion of the contract / 190
Contracting Parties / 190
Content of the contract / 191
Object of the lease agreement / 191
Rental term / 19 2
Chapter III. The effects of the lease / 195
Obligations of the lessor (owner) / 195
Obligations of the tenant / 196
Obligations that cannot be assumed by the tenant / 197
Chapter IV. Subleasing and assignment of the lease contract / 199
Housing subletting / 199
Assignment of the housing lease contract / 200
Chapter V. Compulsory exchange of housing / 201
Chapter VI. Termination of the contract / 202
Causes of termination / 202
Term expiration / 202
Unilateral denunciation / 203
Termination of the contract for non-performance of obligations or behavior
guilty of the tenant / 203
The death of the tenant / 205
Chapter VII. Rental of special purpose homes / 206
Applicable rules / 206
Social housing / 206
Service home / 207
Intervention home / 208
Home of necessity / 209
Support home / 210
Protocol home / 211
Settlement of housing disputes / 212
TITLE VII. LEASE AGREEMENT / 213
Chapter I. Notion and legal characters / 213
Legal regulation. Notion / 213
Legal characters / 213
Chapter II. Validity conditions and conclusion of the lease contract / 215
Consent / 215
capacity / 215
Object / 216
Cause / 216
Form of the lease / 217
Chapter III. The effects of the lease / 218
Obligations of the lessor / 218
Obligations of the lessee / 218
Chapter IV. Termination of the lease / 220
TITLE VIII. COMPANY CONTRACT / 221
Chapter I. Notion and legal characters / 221
Notion / 221
Delimitation of other contracts / 221
Legal characters / 223
Chapter II. Conditions of validity / 224
Chapter III. The effects of the enterprise contract / 226
Obligations of the entrepreneur / 226
Obligations of the client / 227
The loss of the work before the reception / 228
Chapter IV. Termination of the enterprise contract / 229
Chapter V. Special rules regarding the construction enterprise / 230
Notion. Applicable rules / 230
Subcontracting / 231
Liability in the construction company / 232
Direct action of workers / 233
TITLE IX. COMPANY CONTRACT / 234
Chapter I. Notion and legal characters / 234
Notion. Acquisition of legal personality / 234
Legal characters / 235
Chapter II. Validity conditions. Scope / 236
Consent / 236
Capacity / 236
Object / 237
Cause / 238
Chapter III. The simple society / 239
Conclusion of the contract / 239
Share capital / 239
Parties of interest / 241
Social patrimony / 242
The relations between the associates and the company / 242
Decisions regarding the company / 243
Relations with third parties / 244
Company administration / 245
Profit and loss participation / 246
Loss of associate status / 247
Termination of the company / 248
Chapter IV. Joint venture / 251
TITLE X. MANDATE CONTRACT / 253
Chapter I. Notion and legal characters. Kinds / 253
Notion / 253
Legal characters / 254
Kinds / 255
Chapter II. Representation. Delimitation between the mandate with and without representation / 256
Chapter III. Mandate with representation / 259
Definition / 259
Delimitation of other contracts / 259
Form and proof of mandate / 260
Capacity / 261
Consent / 262
Object and scope of the mandate / 263
Obligations of the trustee / 265
Obligations of the principal / 269
Legal relations between the principal and third parties / 270
Relations between the trustee and third parties / 271
Termination of the mandate contract / 272
Chapter IV. Mandate without representation / 275
Chapter V. The commission contract / 277
Notion / 277
Legal characters / 278
The contract with oneself / 278
The effects of the commission agreement / 279
Star clause of belief (ducroire) / 283
Termination of the commission contract / 284
Chapter VI. Consignment contract / 285
Notion. Legal nature / 285
Legal characters / 285
The effects of the consignment contract / 286
Termination of the consignment contract / 290

Chapter VII. Shipping contract / 291
Notion / 291
Legal characters / 292
The effects of the dispatch contract / 292
Prescription / 295
TITLE XI. AGENCY CONTRACT / 296
Chapter I. Notion. Legal characters / 296
Notion / 296
Legal characters / 298
Chapter II. Contents of the agency contract / 299
Scope / 299
Exclusivity / 300
Non-compete clause / 300
Agent 's remuneration / 301
Contract duration / 302
Chapter III. Legal effects / 303
Obligations of the agent / 303
Obligations of the principal / 304
Chapter IV. Termination of the agency contract / 306
Special cases of cessation / 306
Compensation and compensation due / 307
TITLE XII. INTERMEDIATION CONTRACT (BROKERAGE) / 308
Chapter I. Notion. Legal characters / 308
Notion / 308
Legal characters / 310
Chapter II. Legal effects / 311
Obligations of the intermediary (broker) / 311
Obligations of the client / 312
TITLE XIII. LOAN CONTRACT (USE LOAN) / 313
Chapter I. Notion and legal characters / 313
Notion / 313
Legal characters / 314
Chapter II. Validity conditions / 316
Capacity / 316
Consent / 317
Object / 317
Case / 317
Chapter III. The effects of the loan agreement / 318
Obligations of the borrower / 318
Obligations of the lessor / 321
Chapter IV. Termination of the loan / 322
Causes of termination / 322
TITLE XIV. CONSUMER LOAN AGREEMENT / 323
Chapter I. Notion and legal characters / 323
Notion / 323
Legal characters / 323
Chapter II. Conditions of validity / 325
Capacity / 325
Consent / 325
Object / 325
Case / 326
Chapter III. Legal effects / 327
Obligations of the borrower / 327
Obligations of the lender / 329
Chapter IV. Interest loan / 330
Notion. Applicable rules / 330
Chapter V. Termination of the contract / 332
TITLE XV. DEPOSIT CONTRACT / 333
Chapter I. Notion. Legal characteristics. Kinds / 333
Notion / 333
Legal characters / 333
Kinds / 334
Chapter II. Regular deposit (voluntary). Validity conditions. Dovada / 335
Capacity / 335
Consent / 335
Object / 336
Case / 336
Proof of contract / 336
Chapter III. The effects of the deposit contract / 337
Obligations of the depositary / 337
Deposits obligations
ntului / 340
Chapter IV. Warehouse varieties / 341
Deposit required / 34 1
Hotel warehouse / 34 2
Irregular deposit / 344
Chapter V. Seizure / 346
Notion. Kinds / 346
Conventional seizure / 346
Judicial seizure / 347
TITLE XVI. TRANSACTION CONTRACT / 349
Chapter I. Notion and legal characters / 349
Notion / 349
Legal characters / 350
Chapter II. Conditions of validity / 352
Capacity / 352
Consent / 352
Object / 353
Case / 354
Chapter III. The effects of the transaction contract / 355
Interpretation of the contract / 355
Extinctive effects / 355
Rule of declarative effects / 356
Exception of constitutive or translational effects / 356
TITLE XVII. TRAVEL RENTAL CONTRACT / 357
Chapter I. Notion and legal characters / 357
Notion / 357
Legal characters / 358
Chapter II. Conditions of validity / 359
General rules / 359
Special rules / 359
Chapter III. The effects of the life annuity contract / 360
Obligations of the creditor / 360
Obligations of the debirentier / 360
The sanction of non-execution of the debtor's obligations / 361
TITLE XVIII. MAINTENANCE CONTRACT / 362
Chapter I. Notion and legal characters / 362
Notion / 362
Legal characters / 362
Chapter II. Delimitation from other contracts / 365
Delimitation from sale / 365
Delimitation from donation / 365
Delimitation from the life annuity contract / 366
Chapter III. Conditions of validity / 367
Capacity / 367
Consent / 367
Object / 368
Cause / 369
Chapter IV. The effects of the maintenance contract / 371
Maintenance obligations / 371
Obligations of the maintainer / 371
Transformation into cash of the maintenance obligation / 372
Chapter V. Termination of the maintenance contract / 374
TITLE XIX. INSURANCE CONTRACT / 377
Chapter I. General notions regarding insurance / 377
Regulation. The meaning of some terms / 377
Insurance classification / 378
Chapter II. The notion, the legal characters and the conclusion of the insurance contract / 380
Notion / 380
Legal characters / 380
Conclusion of the contract / 381
Chapter III. Types of contractual insurance / 382
Insurance of goods / 382
Personal insurance / 384
Civil liability insurance / 385
TITLE XX. THE GAME AND THE BET / 387
Notion and legal characters / 387
Legal effects / 388
BIBLIOGRAPHY / 391

Through the new Civil Code, which entered into force on October 1, 2011, an in-depth reform of the Romanian legal system was carried out. In the new regulation, as a consequence of abandoning the dualism Civil Code-Commercial Code, it was logically necessary to include as many special contracts as possible, including those considered until now as the exclusive prerogative of traders, and the codification of some contracts was achieved. hitherto unnamed (supply contract, commission contract, consignment contract, shipping contract, agency contract, intermediation contract, maintenance contract, etc.).


This eighth edition of the paper presents 23 special contracts in terms of new regulations, being updated on February 15, 2020, thus constituting a useful working tool for both law students and all practitioners in the field.

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