Cerere de pronunţare a unei hotărâri care ţine loc de vânzare a bunului altuia conform art 1683C. civ. Cerinţa ca promitentul-vânzător să fie proprietarul bunului la momentul pronunţării hotărârii

Application for a judgment in lieu of sale of another person's property under Article 1683 Civil Code. Requirement that the promissory seller be the owner of the property at the time of the judgment

Abstract

One of the necessary conditions for the issuance of a judgment holding a sale is that the property belongs to the promisor-seller at the time of the transfer of ownership. The requirement that the promisor-seller be also the owner of the property at the time of the judgment was the subject of some controversy for a while, however, the non-uniform practice problems it triggered were resolved by the High Court of Cassation and Justice by Decision no. 12/2015, pronounced following an appeal in the interest of the law.

In the situation where the promisor-seller promised to sell the entire...