Promisiunea de vânzare-cumpărare şi executarea silită a acesteia în concepţia Codului civil în vigoare

dr. IOAN POPA*

* e-mail: notarpopa@yahoo.com

Conf. univ. - Facultatea de Drept, Universitatea "George Bariţiu", Braşov

ABSTRACT

This study aims to briefly analyze the promise of sale with the three forms in which the promise is objectified: unilateral promise, bilateral promise, option pact.

In the opinion of the author, the versions of the promise are separate legal entities, all preceeding the final contract, which can be regarded as preparatory stages of the final contract, in the process of its progressive elaboration. In the view of the Romanian legislator, but also of the dominant doctrine, the unilateral promise is essentially different from the option pact, contrary to the French doctrine and to a part of the Romanian doctrine.

In the enforcement of the promise the author appreciates that the pronouncing of a judgment, which replaces the contract, is a way of exception of the...