Acta Universitatis Danubius. Juridica, Vol 11, No 3 (2015)

Abstract

Apparently article 1275, paragraph (1) of the Civil Code covers all situations that may arise in practice, without making a distinction for the constituent or transferring contracts if they are of the same or of different nature. However, we appreciate that article 1275 of the Civil Code does not apply in all situations of successive transfers relating to movable tangible property granted by the same legal subject. Corroborating this text with the norms in article 937 paragraph (1) of the Civil Code and article1273 paragraph (1) of the Civil Code it leads to the solution according to which article 1275 of the Civil Code regards only the cases where the transfer of successive property are of the same nature, the onerous primary act has not resulted in immediate transmission of real previous right of the document with the free subsidiary title and when the primal act is free, and the alternative is onerous. It is excluded, thus from the application of the rule in question when the primary onerous act had as effect the immediate transmission of the real right and then, but without having occurred the delivery of the asset by the acquirer, it was concluded a document with a free title, subsidiary.