Antecontract. Obligaţia de a face. Fapte de comerţ. Calitatea persoanei. Termen de prescripţie. Dreptul la acţiune. Data naşterii raportului juridic. Incidenţa dispoziţiilor art. 7 din Decretul nr. 167/1958. Efecte

Preliminary agreement. Obligation to do. Commercial acts. Capacity of the person. Limitation period. Right to action. Date of creation of the legal relationship. Applicability of the provisions of Article 7 of Decree no. 167/1958. Effects

Abstract

A. By a preliminary agreement, the parties undertake an obligation to do, but they can undertake not only to conclude the agreement in the future, but also to carry out any necessary operations, such as obtaining an authorisation, completing the formalities for exercising the pre-emption right, obtaining the tax clearance certificate etc.

B. Pursuant to Article 3 pt. 4 of the Commercial Code, the "purchases and sales of company shares" are considered related commercial acts, due to their close link with acts or transactions which the...