Remarks concernig the "fraudulent" sale in the romanian law

Abstract

In the matter of sales contract the property on sale should belong to the seller, i. e., to be his private property. The current legal practice demonstrates that sometimes, the property sold does not actually belong to the seller, but to the true owner, this is known as a "fraudulent" sale. The "fraudulent" sale does not imply serious problems within the legal systems in which this issue is clearly regulated by law. In the Romanian law, the "fraudulent" sale has been a controversial issue because of the lack of regulations in this field. Taking into consideration the opinions exposed into the present paper, we think that "fraudulent" sales should be solved on a case-by-case basis.