The notion of contract appears for the first time in the Romans Private Law.

In the Romans Law, the principal element was not the agreement between the two parts of the contract, but the formal elements asked for closing the contract. But as the production and the commercial trading are developing, the contractual solemnities begin to constitute a brake on development of economic life. The sale and purchase (emptio - venditio) is a consensual contract under which a person- called the seller -is required to send to another - called the buyer- a lasting and peaceful possession of something (MERX) in exchange for paymentcalled price (pretium). ( Vladimir Hanga , Manual de drept privat roman, Editura Cordial, Cluj-Napoca, 1994, p.273) The contract in Rome, was at the beginning just a convention, but after the emergence of consensual contracts, the notion of convention has become synonymous with that contract. The word "contractus" means to put together. In old age being made by two separate acts, the sale and purchase was defined as a union of buying-selling (contractus emptionis venditionisque). The word "contractus" was then generalized. Thus, the contract means the agreement of will between two or more persons to serve or close between them a juridical relation (art.942 civil code). [Art. 942 Cod civil ,Titlul III, Despre contracte sau convenii, capitolul I, Dispoziii preliminare, Codul Juristului, Editura Argessis, 1996, p.122.]

JURIDICAL CHARACTERS
The sale is a contract: 1) Consensual Can be closed through the simple agreement of will, without performing any formality and without handing the good sold and the price when closing the contract 2) Bilateral It gives rise to mutual obligations between contracting parties, the seller having the obligation to give the good sold, and the buyer has the obligation to pay the price. [Liviu Stanciulescu, Drept Civil.Partea speciala, Contracte si succesiuni, editia 2, Editura All Beck, Bucuresti, 2004, p.11] 3) With Onerous Title Both parties follow some patrimonial interests (seller is interested in getting the price and the buyer is interested in getting the good bought) [Prof. Univ. dr. Francisc Deak, op. cit., p.10]

4) Commutative The existence and extent of mutual obligations are known by parts from the time of closing the contract. 5) Translation of ownership since its end Transferring the ownership of property from seller to buyer, and with this, the transfer of the risks, because from the moment of acquiring the ownership, the buyer supports also the risk of loosing the good. [ Mariana Rudareanu, Obligatii. Contracte, Editura Fundatiei Romania de maine, Bucuresti, 2006, p.89]

Conditions of validity
Like any other juridical act, the civil sale contract, to be valid closed, according to art. 948-968 Civil Code must meet the following conditions [Coord. Ion Dogaru, Drept Civil. Contractele speciale, Editura All Beck, Bucuresti, 2004, p.22]: Parties has to have the capacity to contract Valid consent of the parties that are obliged The object of the contract to be determined, lawful and possible The clause of the contract to be lawful and moral

Apart from these general conditions, the civil sale contract has to respect also other conditions to be valid closed, such as: The authentic form in case the object of the contract is a ground Prior authorization of certain sales

The object of the contract

The civil sale contract gives rise to two mutual obligations: the obligation of the seller has like object the good sold, and the obligation of the buyer has like object the price. [ Mariana Rudareanu, Obligatii. Contracte, Editura Fundatiei Romania de maine, Bucuresti, 2006, p.100]

The good sold:

The good sold has to accomplish the following conditions [Prof. univ. dr. Francisc Deak, editia a IV-a, op. cit., p.59]:

To be in commerce (in the civil circuit); To exist in the moment of closing the contract or the possibility to exist in the future To be determined or determinable, lawful and possible To be the property of the seller

The price:
Price is subject to the benefit of the buyer and it corresponds to the value of the good sold. It must meet the following conditions: To be determined in money To be determined or determinable To be frank and serious But if these conditions are not met, the contract is absolutely null; at least the sale because it lacks an essential element on which agreement must be made of will (Article 1295 Civil Code). [Mariana Rudreanu, Obligaii. Contracte, Editura Fundaiei Romnia de Mine, Bucureti, 2006, p. 107]

Effects of the Civil Sale Contract

The main legal effect of sale contract is to displace the ownership from the seller to the buyer. Obligations of the seller: The seller has two obligations: Handing the buyer the good sold (the main obligation of handing is regulated by the art. 1314-1334 of the Civil Code and lies in providing the good sold to the buyer [Mariana Rudreanu, Obligaii . Contracte, Editura Fundaiei Romnia de Mine, Bucureti, 2006, p. 108] ) To ensure the buyer against eviction and against vices (According to art. 1336 of the Civil Code, the seller needs to ensure the buyer of peaceful use of the good meaning the guarantee against eviction and the useful use of the good meaning the guarantee against defects. [Prof. Univ. Dr. Francisc Deak, Tratat de drept civil. Contracte speciale, Editura Universul Juridic, Bucureti, 2001,p. 73] )

Obligations of the buyer: The buyer has two main obligations:

To pay the price (Unless otherwise provided in the contract, the buyer is obliged to pay the price where and when the seller is handing him the good sold) To receive the good sold (corresponding to the handing obligation of the seller, the buyer is obliged to receive the good sold at the place and the date by which the seller is obliged to surrender, sustaining also the costs of getting the good from the place of selling. [Mariana Rudreanu, Obligaii. Contracte, Editura Fundaiei Romnia de Mine, Bucureti, 2006, p. 114] )

Varieties for sale

The Civil Code Regulates the following varieties for selling: Lot Sale (vanzarea cu gramada) -According to art. 1299 of the Civil Code, the lot sale is the sale which supply the kind of goods that is characterized by a fixed mass block and the price is set globally and not on units of measure. In principle, a lot sale when there is no need to weigh, to count or to measure for determining the object sold or the sale price. [Mariana Rudreanu, Obligaii . Contracte, Editura Fundaiei Romnia de Mine, Bucureti, 2006, p.115] The sale after weight, number and measure ( has like object goods from a determined lot and for individualization of quantity or price determination is required the weighing, measuring or counting operation) The sale by tasting ( is a contract closed from the moment of realizing the agreement of will, in which is stipulated the suspensive condition of trying the good by the buyer) The sale with repurchase pact ( is a contract through which the seller reserves the right to resume the good sold, paying back to the buyer the price and the costs of selling) The sale of a heritage ( known also as the sale of inheritance rights, regulated by the art. 1399-1401 of the Civil Code, is a contract through which the owner of a inheritance right, alienates with onerous title this right to a person) [Mariana Rudreanu, Obligaii . Contracte, Editura Fundaiei Romnia de Mine, Bucureti, 2006, p.117] Sale of Litigation rights and the litigations Retractor (The owner of a litigation right has the possibility to sell the right submitted to judicial appeal, whether if this is a real right or claim right, before the proceedings solution.)