POPA Ioan, Contractul de împrumut

Articole
Publicare: Revista Dreptul 12 din 2016
Autor:
Tip: Doctrina

Contractul de împrumut

Contractul de împrumut

dr. IOAN POPA*

* e-mail: notarpopa@yahoo.com

Notar public

ABSTRACT

The study devoted to the loan contract resumes in a new form, determined, indeed, by the new Civil Code as well, this type of contract with a millenary existence, which has its roots in the Roman Age. The study emphasizes the evolution in time of the loan contract, from the essentially free loan, concluded between relatives, friends, acquaintances, a contract in which the moral precepts, including those related to religious morals, were extremely obvious, to the current loan contract, with an onerous variant, a contract that, without having lost its viability, has become extremely topical, useful. The study also emphasizes the form in which the Civil Code has insisted on regulating this type of contract, under the more or less beneficial influence of the doctrine and of the case law prior to its adoption. We tried, where we found it necessary, to go beyond the traditional patterns of the contract, as...

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