Risk transfer from the seller to the buyer in the new Romanian civil code

Abstract

This article aims to present how the new Romanian civil Code regulates the issue of risk transfer in the sales contract and the role that the transfer of ownership plays on the transfer of risk. In the old Civil Code was inextricably bound the transfer of risk of ownership transfer, which was realized usually at the conclusion of the contract. In the context of the new Civil Code, the risk passes at the moment in which the goods are handed over, which makes apparently no longer important the moment of the translation of ownership in the field of risk transfer and unforeseeable losses of goods.

In the first section of the article we make a incursion into the old Romanian law, subsequently we present the main approaches to risk in European legal systems and ultimately we show how the Romanian civil Code regulates the relation between  transfer of risk and transfer of ownership.