MANIFESTĂRI ANTICIPATIVE ALE CONSIMȚĂMÂNTULUI ÎN MATERIA CONTRACTULUI DE VÂNZARE-CUMPĂRARE

Undoubtedly, the most frequent contract used in practice is the sale and purchase contract,
through which the alienation and acquisition of the property right and of other real rights is
achieved, outlining the essential instrument through which the legal circulation of goods is carried
out. The consent gives expression and materialization to the free will of the individual to contract
and pre-contract, to assume a series of rights and obligations, to enter into legal relations. In this
context, encountered with a special frequency in the current socio-economic reality – the
preparatory agreements, as anticipatory manifestations of the consent in the matter of the sale
and purchase contract, involve the same rigour of the conditions necessary for the valid existence
of the consent.
In all cases, what brings all these legal figures together into the patterns of a single legal
institution is the main purpose pursued by the parties or at least by one of them, the one to enter,
in the future, into a contractual legal relationship that gives full sati sfaction to the interest shown.
As a consequence, the expression of the agreement of will determined by consent has known a
double externalization, first through the previous form – the pre-contract – and subsequently
through the contract itself. These two different moments, the period between them and the way in
which they are legally related reflect some particularities and issues worth to be analysed in the
broad spectrum of legal relations between persons.