THE JUDGMENT IN LIEU OF THE CONTRACT - INTERPRETATION AND APPLICATION OF ARTICLES 1279 AND 1669 OF THE CIVIL CODE RELATING TO THE PROMISE OF SALE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The matter of enforcement in the promise of sale poses practical problems arising from the interpretation of the articles 1279 and 1669 of the Civil Code and that we intend to analyze in this study. Among the issues to analyze we can mention: the role of the court and the legal requirements for a judgment in lieu of contract as follows: execution of their duties by the party calls for a judgment in lieu of the contract; the unjustified refusal of the promissor-seller to conclude the contract of sale within the set deadline; establishing the fulfillment of the terms of sale at the time of the judgment; the quality of the promise-seller of the owner of the good; the filing of the fiscal certificate issued by the specialized department of the local public administration authority resulting in the lack of debts of the promised property owner; proof of up-to-date flows of contribution allowances to the owners expenses. We will now consider the prescription of the right to request a decision in lieu of contract under article 1669 para. (3) Civ. Code, as well as the importance of the inalienability clause in the conventions which give rise to the obligation to pass on the property in the future to a determined or determinable person, as provided by article 627 par. (4) Civ. Code.
Authors and Affiliations
Emilian-Constantin MEIU
Keywords
Related Articles
- EP ID EP589091
- DOI -
- Views 166
- Downloads 0
A FORM OF POST-WAR COOPERATION – SOVROM
The end of the Second World War generated major changes that profoundly marked our country's political, territorial, economic and social evolution. Within the activities aimed at the restoration and development of the po...
ENTREPRENEURSHIP MODELS AND RURAL DEVELOPMENT IN ROMANIA BASED ON THE CULTURAL HERITAGE
Entrepreneurship lays at the basis of the development of society and based on the concept of innovation. The entrepreneurial models developed over time start from the classic concept which states that the owner of resour...
PARENTAL AUTHORITY VERSUS COMMON CUSTODY
The notion of parental authority introduced to Romanian legislation by the New Romanian Civil Code is totally distinct from the notion of custody specific to other domestic legislations both in theory, as in practical co...
EU TRADE POLICY AFTER BREXIT. PROVISION OF PROFESSIONAL SERVICES
The accession to the European Union has been an irreversible and unique process until the Lisbon Treaty and the recent United Kingdom withdrawal. The legal consequences of such withdrawal cannot be analysed in a separate...
JUSTICE AND EQUITY
Juridical principles have a privileged place within the positive juridical order, representing foundation of the legal edifice: they prove the continuity of law during the centuries and that is why here we have to dig in...