Provocările privind neexecutarea promisiunilor bilaterale de vânzare determinate de criza sanitară generată de pandemia COVID-19 (SARS-CoV-2)
Challenges Regarding Non-Fulfillment of Bilateral Sales Promises Caused by the Health Crisis Generated by the Covid-19 Pandemic (Sars-cov-2)

Author(s): Mirela-Carmen Dobrilă
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law
Published by: Universul Juridic
Keywords: bilateral sales promises; pre-contract; COVID-19 pandemic/SARS-COV-2 virus; high housing prices; non-fulfillment of bilateral sales promises (breach of the contract); termination clause;
Summary/Abstract: This article examines the issues related to non-fulfillment of bilateral sales promises (breach of the contract) or an execution that does not meet the expectations of the promising buyer, closely related to the economic impact of the COVID-19 pandemic, the uncertainties regarding the security in Ukraine and, especially, in correlation with the issues related to the increase in real estate prices, which causes some real estate developers to stop executing pre-contracts or to ask for increased prices, according to the current requirements of the real estate market. In addition to the need for the promising buyer to be informed in advance and to understand the content of the concluded pre-contract, the article analyzes aspects regarding the situations in which the pandemic can be considered to meet the conditions to represent force majeure or to apply the theory of imprevision. The article highlights the solutions that the promising buyer has in case of non-execution of the bilateral sales promises by the promising seller, analyzing also aspects regarding the termination clause (which gives the parties the right to unilaterally terminate the contract in exchange for a sum of money) and the penalty clause from the pre-contracts.

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