Civil Liability in the Matter of Real Estate Transactions in the Legislation of the Republic of Moldova

Abstract

The topicality and purpose of this article convinces us that, in order to identify some theoretical and practical problems within the real estate circuit, it is necessary to start from the legal mechanisms for engaging civil liability. Through the content of this article, we propose to analyze the legal risks that arise within real estate transactions and that can occur both contractually and in relation to third parties. These difficulties are generated, at the contractual level mainly, by the existence of hidden defects, or by situations in which the seller does not have the real quality of owner. Particularly important are relations with third parties, where conflicts are frequently related to entries in the real estate register and their effects on the validity and enforceability of acquired rights. However, the paper aims to demonstrate the need to strengthen legal certainty in the field of real estate transactions and to highlight the contribution of jurisprudence to the standardization of practice and to limiting the risks that may arise in this type of legal relations.