Neconstituţionalitatea şi neconvenţionalitatea dispoziţiilor Legii nr. 17/2014 referitoare la condiţiile de pronunţare a unei hotărâri care să ţină loc de contract de vânzare-cumpărare
Unconstitutionality and unconventionality of the provisions of Law no. 17/2014 on the conditions for ruling a decision to replace the sale-purchase agreement
Author(s): Cosmin Radu MItroiSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Universul Juridic
Keywords: promissory sale-purchase agreement; preemption; ownership; legitimate hope; interference; proportionality; deprivation of property;
Summary/Abstract: The enforcement of the provisions of art. 5 of Law no. 17/2014 in case of the promissory sale-purchase agreements concluded prior to the entry into force of this law shall result in the dissolution of the right of claim of the promissory buyer, which was validly acquired, which represents an infringement of the provisions of art. 44 of the Constitution and of art. 1 of the Protocol no. 1 additional to the Convention.
Journal: Revista Română de Drept Privat
- Issue Year: 2015
- Issue No: 05
- Page Range: 112-135
- Page Count: 24
- Language: Romanian