Acţiune în anularea unui contract de vânzare-cumpărare întemeiată pe principiul resoluto iure dantis, resolvitur ius accipientis. Schimbarea de către instanţa de apel a cauzei actului juridic. Consecinţe

Action for annulment of a sale-purchase agreement and based upon the principle of resoluto iure dantis, resolvitur ius accipientis. The amendment of the cause of the legal action by the court of appeal. Consequences

Abstract

The procedural conditions are met for the quash of the decision of the court of appeal if the latter amended the cause of the legal action in appeal, upholding that the claimant’s suit at law is grounded on the non-observance of the obligation to guarantee for eviction by the respondent seller, even if the action aimed at the annulment of a sale-purchase agreement, being grounded on the principle of subsequent nature of the legal action on trial, as compared to the first sale-purchase agreement which was annulled by the court of law.

Rezumat

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