Andra-Roxana TRANDAFIR, Assoc. Professor, Faculty of Law, University of Bucharest, The Consequences of the Sale of Another Person’s Property in the Romanian Criminal Law

DOI: https://www.doi.org/10.31178/AUBD.2019.10

Abstract: The sale of another person property mainly concerns the civil law and literature. However, there are some criminal offences built on the basis of such operation, made without the owner’s consent. The study analyses, in the first part, the criminal offences which are concerned and the potential justifying causes. We will thus study the breach of trust, fraudulent management, embezzlements, fraud and, from a certain point of view, theft. The main justifying causes which could be claimed are the performance of a right and state of necessity. Since the sale of another person’s property does not concern only the criminal law, the second part of the study will be dedicated to the consequences within criminal procedure, showing the place of the initial owner and that of the person who bought the asset.

Keywords: sale of another person’s property, breach of trust, fraudulent management, embezzlement, fraud, nullity, justifying causes

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