Practical notions regarding the contractual provision on the waranty against the eviction of selling contracts

• Author: Veronica Stoica - Elena (Rada) Garjau
• Position: Doctoral Studies Department, Faculty of Legal and Administrative Sciences, Criminal Law Department, 'Alexandru IoanCuza' Police Academy in Bucharest, Romania - PhD student within 'Alexandru IoanCuza' Police Academy in Bucharest, Romania
• Pages: 85-91

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2018), pp. 85-91

85

PRACTICAL NOTIONS REGARDING THE CONTRACTUAL PROVISION ON THE

WARANTY AGAINST THE EVICTION OF SELLING CONTRACTS

V.STOICA, E.GARJAU

Veronica STOICA

Doctoral Studies Department / Faculty of Legal and Administrative Sciences, Criminal Law

Department, “Alexandru IoanCuza” Police Academy in Bucharest, Romania

Mail address: AleeaPrivighetorilor, nr. 1-3, Sector 1, Bucharest, Romania

E-mail: veronicastoica@yahoo.com

Elena (Rada) GARJAU

PhD student within “Alexandru IoanCuza” Police Academy in Bucharest, Romania - Law

E-mail: elena.rada@yahoo.com

ABSTRACT:

The contractual provision on the warranty against eviction is a matter in which

the parties involved in the making of a selling contract often have tight negotiations. Many

times the seller is looking for the exemption of provision of warranty, but is such a clause

legally available? In the following we will present you the procedure in which the parties can

limit or extend the provision aginst eviction.

KEY WORDS: warranty against eviction, contractual limitation

I. Introduction

Writing a sales contract can seem like a very easy job. However, during the

preparation for such a document, an expert should consider the theoretical aspect- applied

legislation, the doctrine and the jurisprudence regarding the matter, and also practical part of a

transaction. So, during the making of a contract, the expert must represent more than a simple

uninvolved advisor, and it is mandatory that he must profoundly know the commercial

agreement between the parties, in the scope of turning it into the right words.

II. THE CONCEPT OF WARRANTY AGAINST EVICTION

Article 1672 Romanian Civil Code states that the seller has the following obligations:

(i) to transfer the propriety or the right of the good , (ii) to deliver the good to the buyer and

(iii) to guarantee the buyer against eviction and against the vices of the good.

A first observation which we mention in this article is the fact that, if the first two

obligations are strongly influenced by the moment of signing the sales contract, in the case of

warranty we acknowledge the fact that this is a continuous obligation, of which

accomplishment can be demanded later than the moment of signing. Thus, we can state the

fact that satisfying the provision of warranty against eviction is not mandatory in perfecting

the contract, the possibility of it to never be executed being very high, and this absence

doesn’t a affect in any way the validity of the contract.

The provision of warranty against eviction finds its appliance in the article 1695

Romanian Civil Code. Practically, the provision against eviction is that insurance which the