ЗАКОНСКЕ ПРЕТПОСТАВКЕ ЗА КОНВАЛИДАЦИЈУ УГОВОРА О ПРОМЕТУ НЕПОКРЕТНОСТИ
Legal Pressumptions For Convalidation of Real Estate Contracts

Summary/Abstract: In this paper, the author analyses the legal regulations of real estate contract, i.e. pre-requisites for its convalidation. In that context, the author points to the need for modifying certain provisions of the Real Estate Act. Namely, the problem of convalidation of a real estate contract, which has not been entered into in a legally prescribed form (public instrument form) can be solved by applying a provision from this Act which preconditions the convalidation of the real estate contract by, inter alia, the obligation of observing the right to prior purchase. Such a solution seems unjustified, namely, being sufficiently protected by the Real Estate Act, the holder of the right to prior purchase certainly cannot be harmed in his right. If, in an attempt to solve this problem, we start from the assumption that the contract cannot be convalidated due to the infringement of the right to prior purchase, then legal protection shall be exclusively and solely rendered to the holder of the right to prior purchase, who may not be even interested in its implication. Nevertheless, the basic principle pacta sunt servanda is thus being infringed as well as the concept of conscientiousness and fairness in contractual relations; eventually, the contracting parties are thus placed in an extremely difficult and unfair situation even though they have completely or partially performed their duties.

• Details
• Contents