CLUSTER OF COMMERCIAL SALE AGREEMENTS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
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).
Authors and Affiliations
VASILE NEMEŞ, Gabriela FIERBINŢEANU, Anca Nicoleta GHEORGHE
Keywords
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- EP ID EP589098
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