The redhibitory action and its influence in Romanian law
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Keywords

Actio redhibitoria
warranty against defects
modern Romanian Law
Roman influence

Abstract

By this paper, the authors aim to point out the essential elements that configure actio redhibitoria under Roman Law to relate them to the provisions of modern Romanian Law.

To this end, the relevant provisions from The Digests of Emperor Justinian are analyzed, alongside the provisions of the most important Laws of the Second Phase of the Turkish-Fanariot Regime, namely the Calimach Code (1817) and the Caragea Law (1818). Likewise, the provisions of modern Civil Codes, from 1864 and 2009, are briefly pointed out, followed by final considerations regarding the influence of actio redhibitoria on current Romanian Law.

https://doi.org/10.24193/SUBBiur.65(2020).4.21
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