Termenele reglementate de Codul civil în materia promisiunilor de vânzare
Time limits applicable under the Civil Code to promises of sale

Summary/Abstract: In certain situations, sales contracts are preceded by certain pre contractual agreements. Even before the New Civil Code entered into force, preparatory contracts were recognized and used very frequently in practice, even though they were not regulated by the Civil Code of 1864. From a brief reading of the provisions of the New Civil Code outlining the legal regime for promises of sale (the prototype of pre contracts), two legal provisions stand out. These refer expressly to three different time limits. First, Article 1.669 of the Civil Code governs the legal recourse available to the parties of a promise of sale. This takes the form of an action for a court judgment substituting the consent of the recalcitrant promisor with the conclusion of the promised contract. Para. (2) of the same article places a time limit on the right of action, which must be brought “within 6 months from the date on which the contract was to be concluded”. The second provision of relevance here is Art. 906 of the Civil Code. This governs the conditions under which pre contracts and option agreements in/from the Land Register may be registered and de registered. Article 906, Para. 1, final sentence, refers to “the time limit within which the (promised) contract is to be concluded”. The same paragraph also lays down the time limit within which the pre contract can be registered, namely “at any time within the time limit stipulated in the pre contract for its execution, but not later than 6 months from its expiry”. Moreover, within 6 months after the expiry of the time limit stipulated in the promise, the promise will be de registered (even) automatically, provided that no application has been made to register the right to which the promise refers or register the action applying for a judgment in lieu of a contract.

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