Promisiunile unilaterale și sinalagmatice de înstrăinare imobiliară
Unilateral and bilateral promises of the contract. Unilateral and reciprocal promises of real estate alienation
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: pre-contracts; unilateral and reciprocal promises of contract for real estate; alienation; form of promises; specific performance prerequisites.
Summary/Abstract: The study below represents the second part of the one published in the Romanian Private Law Review no. 5/2012, pp. 114 and following „Contract Promises – Special Regard on Real Estate Alienation Promises”. The first part focused mainly on the “option promises” and on the differences between this new type of contract and the unilateral promises of contract, while the present analysis considers, firstly, reciprocal contract promises and secondly, unilateral or mutual promises regarding real estate alienation. Although the Civil Code statutory provisions on contract promises are generous than ever, some key-issues on validity and performance remain unclear. The objective of this study is to clarify the meaning of the current regulations on pre-contracts, thus taking into account topics like: the promise contract content by reference to other pre-contractual formulas, the unilateral or mutual promises of real estate alienation form and the one concerning the prerequisites for the enforcement of such contractual promises.
- Issue Year: 2013
- Issue No: 05
- Page Range: 146-188
- Page Count: 43
- Language: Romanian