HCCJ. Resolution vs. execution

High Court of Cassation and Justice has ruled that if the statutory conditions are fulfilled for termination of the contract, as long as the parts have agreed not to give them efficiency, their intention being for the purposes of performing the contract, the court may not violate their agreement will , contract representing law for parts and has precedence. In this case, the parts stipulated in the pre-contract that if the contract of sale will not be completed for reasons willingness of one part or breaches any of its obligations under the pre-contract, then the part who is not fault, may request the court pronouncing a judgment that takes place a contract of sale, and if this will not be possible will move to its enforcement up to the amount paid or received as advance, pre-contract penalties and charges. The High Court held that, in this situation, an action of rescission is against the will of the parts whose intent was that the pre-contract to produce legal effects considered in the time of its conclusion. (Decision no. 4046 of 20 November 2013 issued in appeal of Civil Section II of the High Court of Cassation and Justice covering pre-contract of sale rescission).

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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