The author emphasizes the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of the historical monuments, an amended and adapted law.He also notes some uninspired statements offered by the legislator that are found in the rules of the special law and whose effects are noted by public notaries when performing their professional servic...

The present paper focuses on the buyer´s right to avoid the contract in case of nonconformity of the goods under CISG with some references to Italian law. In order to avoid a contract due to non-conformity of the goods a fundamental breach is required. The paper firstly analyses the prerequisites of avoidance in art. 49 (1) (a), followed by the analyses of the concept of fundamental breach and the seller´s right to cure under art. 48. Th...

This article represents the first part of a study aimed to provide an overview of the main novelties related to contractor’s liability under the Romanian Civil code. In their study, the authors referred to the relevant provisions of the Québec Civil code, as it represented one of the main sources of inspiration for the Romanian Civil code, and to the related doctrine as well. The authors also outlined the potential issues to arise due ...

Under this third part of the analysis regarding the resolution and the annulment of contracts as provided under the new Civil Code, the authors are analysing the effects of the resolution, the abatement of provisions, the partial resolution and the prescription of the right to be reimbursed the provisions rendered under the annulled agreement. Moreover, a comparability analysis between the resolution and other methods of agreement cance...

In this second part of the analysis regarding the resolution and resiliation of contracts under the new Civil Code the authors review the regulation and practical utility of the unilateral resolution and of the resolutory clauses, insisting on the regulation and consequences of the de jure operation of resolution in certain situations. ...

This article represents the first part of a series dedicated to the resolution and resiliation of contracts under the new Civil Code. In this first part the authors review several novelties regulated by the Civil Code concerning mainly the notion and conditions of contract resolution, but also confront issues on which the legal doctrine has had under the previous regulation and continues to have incongruent interpretations (such as the...