HCCJ. Application of the third degree commissary pact

The High Court of Cassation and Justice decided that, by stating a third degree commissary pact, the parties, by their express will, replace the action for judicial termination with a conventional resolutive clause, thus that the court is not entitled to rule on the appropriateness of the contract dissolution, given that the commissary pact has produced its effects, the contract is resolved as of right. In this case, the High Court held that the termination which occurred in question is the result of the activation of an express commissary pact, operating through the enforcement notice and the simple declaration of termination. Accordingly, the appellate court has only to declare that the pre-contract which is the subject of the dispute is resolved by operation of law, which is why it the court can not be held responsible for disregarding the rules related to judicial termination. (Decision no. 2707 of 25 September 2014 rendered in appeal by The Second Civil Division of The High Court of Cassation and Justice, covering resolution of pre-contract of sale)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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