CONSIDERATII CU PRIVIRE LA CONSECINTELE JURIDICE ALE IMPOSIBILITATII VALIDARII PARTIALE A OFERTEI REALE DE PLATA URMATA DE CONSEMNAREA PRETULUI
CONSIDERATIONS OF LEGAL CONSEQUENCES OF IMPOSSIBILITY OF PARTIAL VALIDATION FOR REAL OFFER OF PAYEMENT FOLLEWED BY CEC

Summary/Abstract: The Governement Ordinance n. 40/1999 has established a right of preemtion in lodger’s favour and the possibility to subrogate himself in buyer position by paying the sale’s price if the owner whom have been restored the real estate ilegally confiscated by the state has been estraged ignoring lodger’s right of preemtion. The same law indicates the means of protection of this right by using the real offer of payement follewed by CEC with the subrogation in the rights of the buyer. The ordinance provisions do not cover the case full practice of selling real estate by tenant housing when right exists only for part of it. Regulated can not exercise the right of first refusal for a part of the building, as there is no legal provision preventing the exercise of this right for the entire property. On the other hand, the express provisions of the Civil Code (Art. 1114-1115) on the actual offer followed by CEC prohibit partial validation of tender offer by stating that real „to be made for the entire amount due”.

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