Cerere de pronunţare a unei hotărâri care să ţină loc de act de vânzare-cumpărare. Refuz nejustificat al promitentului vânzător de a încheia actul autentic

Application for delivering a judgment standing for a sale-purchase agreement. The unjustified refusal of the promissory seller to conclude the authentic instrument

- Noul Cod civil: art. 885, art. 1669

- Legea nr. 7/1996: art. 5, art. 56

Abstract

According to the provisions of art. 1669 para. (1) of the NCC, in order to deliver a judgment standing for a sale agreement, the court has to find that one of the parties which concluded a bilateral promise to sell unjustifiably refuses to conclude the promised agreement and, respectively, that all the other validity conditions are fulfilled.

Thus, the absence of any steps on the part of promissory sellers for obtaining the cadastral documentation needed for the execution of the sale agreement in the form of an authentic notarial act according to the provisions of art. 54 of Law no. 7/1996...