Câteva consideraţii cu privire la eroare în cazul vânzării având ca obiect operele de artă

Lect. univ. dr. Liviu-Marius HAROSA

Facultatea de Drept, Universitatea Babeş-Bolyai Cluj-Napoca

Avocat

Dr. Mihaela MOCANU

Avocat

ABSTRACT

This article emphasises the error aplicable in a very restrictive field, the artwork circulation. Although the legistator's defining term is not an unitary one, the scope of an understanding's sphere concerning the artistically works was achieved by the means of doctrine and jurisprudence. Their originality is essential in being considered as artwork. Synonymic with the mobile cultural goods, the selling purchasing of artworks are feigned in some circumstances by the error, the authenticity of artwork being seen as a crucial condition of the agreement. The error can touch upon the false object itself and it can be provided by seller or purchaser. The new Romanian Civil code's pattern concerning the error (inherited through French codification from Roman law) is the...