The contractual repurchase right

In practice, the right of repurchase is a constitutive formative right, which is generally established for security purposes and allows the right holder to reacquire the thing to which he has transferred ownership by exercising his right with a unilateral declaration of will. It is possible to establish the right of repurchase by contract as a legal transaction, or it can be established through testamentary disposition. In this study, the contractual right of repurchase is analyzed in three parts. In the first part, the theories regarding the history, definition and legal nature of the right of repurchase are analyzed. In the second part, the definition and legal nature of the repurchase agreement, its parties, form, price, differences from similar agreements and the relationship between this agreement and the prohibition of fraud against the law and lex commissoria are analyzed. The last section includes the annotation and termination of the right and the rights and obligations of the parties arising from the repurchase agreement. Key Words: Repurchase right, Repurchase agreement, Adherence, Formative rights, Annotation, Prohibition of lex commissoria