Probleme de calificare a actelor juridice în comerţul cu autoturisme electrice

Rezumat

Over the past few years, electric cars have tried to penetrate more and more on the Romanian market. In order to be able to fulfill this desideratum, certain compromises were needed, one of them being represented by the leasing of the electric battery incorporated in the car. However, this specific legal mechanism does not imply that the owner of the car cannot be changed. On the contrary, the car (minus the electric battery) might constitute object to a sales contract, but its cause will confer it certain features. Therefore, even in the absence of express clauses in this respect, there is an implicit obligation of means, both on the part of the buyer and the seller, to take all necessary steps so that the buyer acquires the right to use the battery, according to the leasing contract. In these circumstances, the sufficiently characterized culpable non execution of that obligation may even lead to the termination of the contract of sale of electric car.