(1) If a person who has entered into a juridical act without the required consent of a third party has stated in bad faith that such consent was obtained or it is not required, the other party may revoke the juridical act before the required…
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Article 360. Consent of a third party to the conclusion of a juridical act
(1) If the effect of a juridical act depends on the consent of a third party, consent or denial of consent may be expressed either to a party or to the other. (2) Consent does not require the form required for the juridical act unless…
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Article 359. Exercise of a non-existing right
A unilateral juridical act does not produce the legal effects intended by its author to the extent that by way of that act a subjective right is exercised which either does not exist or for whose exercise not all requirements under law or the juridical…
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Article 357. Ineffective juridical acts
(1) If, under the law, a juridical act, without being void or avoidable, does not, totally or partially, produce its legal effects, it is, to that extent, ineffective. (2) A juridical act becomes effective as soon as the ground for ineffectiveness is cured. (3) The…
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Guest Editorial: Massive Open Pro Bono
By: Octavian Cazac, 29 September 2020 Right when the pandemic was taking pace in spring 2020, I was asked by CEE Legal Matters to write a guest editorial. It was not hard deciding what I will write about. Guest Editorial: Massive Open Pro Bono The…
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Article 439. Rectification of a registration or a provisional registration
(1) Any interested person may request the rectification of a registration or a provisional registration if: a) a registration or the provisional registration is invalid, including where the right was mistakenly qualified by the registrar; b) a finding or a declaration was made of the…
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Article 438. Notion
(1) When a registration, provisional registration, or notation made in the register does not match the true legal situation, its rectification may be sought. (2) Rectification means the deletion, adjustment, or correction of any inexact registration, provisional registration, or notation made in the register. (3)…
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Article 437. Notation of a precontract
(1) A precontract whose subject-matter is a registered right may be noted in the register if the promissory is entered in the register as holder of the right forming the subject-matter of the final contract. (2) Save for other cases provided for by law, a…
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Article 436. Applicant of a notation
(1) Unless the law provides otherwise, a notation in respect of a registered right is made on the application or the authentic consent of its holder. (2) A notation under an authentic juridical act may be applied for by any of the parties to the…
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Article 358. Effects of a juridical act of disposition made by a non-entitled person
(1) Nobody may transfer or establish more rights than it has itself. (2) If, neither when the juridical act of disposition was concluded nor when the right disposed of by such act ought to have been transferred or established, the transferor is the holder of…