Promisiune de vânzare cu opţiune de cumpărare. Acţiune în rezoluţiune. Îndeplinirea obligaţiilor esenţiale. Caracterul nefondat al despăgubirilor solicitate în temeiul clauzei penale

Promissory sale agreement with option of purchase. Action for rescission. Fulfilling the essential obligations. Unfounded nature of the compensations required under the penal clause

Abstract

When the essential obligation in a promissory sale agreement was accomplished by the promissory seller and the object of the contract is still possible to be executed, the promissory buyer may not choose between executing the agreement, in nature, as agreed in the contract and asking for the enforcement of the liquidated damages clause.

In such a situation it is not possible to award damages based on the liquidated damages clause, which is not the essence of the contract, the scope of the contract being not the activation of this clause, but the transmission of the property right over the real estate. Deciding otherwise...