DISCUȚII PRIVIND CARACTERUL CONSENSUAL SAU REAL AL CONTRACTULUI DE TRANSPORT DE MÃRFURI

According to the previous Romanian Civil Code (1864), and to the present Civil Code, as well (Law no. 287/2009, as republished), regarding the way they are drafted, the contracts may be consensual or real, as appropriate (the contract is drafted just upon the handover of the good; only a promise of agreement is valid until that time). The author, according to a certain part of the Romanian legal doctrine, considers that from the legal point of view, the contract for the transportation of persons has a consensual nature (is concluded by the simple agreement of the parties), however the contract for the transportation of goods has a real nature (being concluded just upon the handover of the good to be transported).