CONSIDERAȚII PE MARGINEA CONTRACTULUI DE VÂNZARE-CUMPĂRARE. CAPACITATEA DE A CONTRACTA

The sale-purchase contract is undoubtedly, in the 21st century and in the landscape of the
Romanian law, the most frequent contract used in practice, having an essential and decisive role in
the organization and development of social and economic life. The complexity, variations and
particularities of this contract, starting from its conclusion and until the exhaustion of all its effects,
contribute to shaping the overwhelming importance of the sale, of the „standard contract” which is the
most used legal instrument for transferring goods.
In this context, the effectiveness, usefulness and practical applicability of a sale-purchase
contract depend essentially on its structural, „anatomical” elements, namely the essential, intrinsic
and extrinsic conditions of validity which directly determine the effects of the sale. Depending on
these structural elements there are researched and assessed the validity of any contract, in whose
absence its legal effects cannot operate, and, if they operate, they will be abolished with all the
consequences which they entail.
Thus, the valid formation of the sale contract implies more than a simple analysis of the
mechanism of realization of the will agreement; it necessarily involves a detailed examination of the
structural elements of the contract which are referred in the law as being „the essential conditions for
the validity of the contract”. Any dispute which may arise, having as object a sale-purchase contract,
will be based primarily on the analysis of the legal fulfilment of the very conditions of validity of this
contract, which will unequivocally determine the subsistence of the contract, as well as the extent
and applicability of its effects