The Sale with Repurchase Clause
The sale with repurchase clause was regulated in 1864 by the Civil Code, within the meaning of articles 1371-1387, as a variety of sale affected by a cancellation condition. The sale with repurchase clause was frequently used in practice in order to breach the public provisions of article 1689 of th...
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| Lenguaje: | English |
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Pontificia Universidad Católica de Valparaíso. Escuela de Derecho
2010
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| Acceso en línea: | http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-68512010000200002 |
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| Sumario: | The sale with repurchase clause was regulated in 1864 by the Civil Code, within the meaning of articles 1371-1387, as a variety of sale affected by a cancellation condition. The sale with repurchase clause was frequently used in practice in order to breach the public provisions of article 1689 of the Romanian Civil Code, on mortgage matters. Taking into consideration that the sale with repurchase clause was actually a way to breach the provisions of article 1689 of the Romanian Civil Code, giving birth to a lot of abuses on the part of the creditors, the Romanian legislator decided to prohibit this type of sale. We also consider that, de lege ferenda, the implementation of a new prohibition law of the sale with repurchase clause is both necessary and useful. |
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