CONSIDERAȚII REFERITOARE LA ELEMENTELE SPECIFICE ALE CONTRACTULUI DE REPORT ÎN STATORNICIREA CODULUI CIVIL

This article emphasizes the specific elements of the repurchase agreement as regulated in the new Civil Code. In order to achieve this goal, the author first engages in a general characterization of the type of contract under examination, in the light of specific elements concerning the contracting parties, the object of contract and the time of fulfilment of some obligations undertaken by the parties. The study further defines the concepts „repurchase” and „reverse repurchase” and delimits the repurchase agreement from other types of similar contracts, thus configuring more clearly the analyzed convention. Another specific element of the contract under scrutinity is its sui-generis legal nature, which the author explains since there isn’t an unanimous opinion on this issue in the doctrine. At the same time, the specificity of the repurchase agreement is emphasized by dealing with its main effects: the double transfer of property, the transfer of ancillary rights, the obligation of the buyer to exercise the option, as well as the obligations of the seller to make available to the buyer the funds necessary for exercising the right of option and for making the payments. Last but not least, the specificity of this type of contract is also revealed by reflecting the differences among the liquidation, the prorogation and the renewal of the convention under debate. The study presents the points of view expressed in the specialised literature on the studied matter, as well as the author’s opinions on the controversial legal issues in the reference space.