UNCOMMON PROPERTY RIGHTS IN THE MATTER OF THE CONTRACT OF SALE

The dispositions of the new Civil Code referring to the contract of sale bears the signature of the contemporary society evolutions and reflects the national legislator's interest to elaborate a modern regulation and one in harmony with the efforts existing in the EU to create an instrument of European law for contracts. For our analysis we selected the issue of uncommon property rights related to the contract of sale, the issue of vices in the contract of sale particularly referring to: the promise to sell, the promise to buy, the right of option and the right to first refusal. In this matter, the new Civil Code reconfigures the institution of the right of redemption, expressly regulates the applicable rules in the matter of the promise to sell and the promise to buy, regulates in a new way the pact of option, reformulates in a modern form an older regulation of the selling variety with redemption pact.