| Summary: | The matter of resolution of sale promises poses practical problems arising from the interpretation of the Civil Code and that we intend to analyze in this study. Among the issues to analyze we can mention: specific aspects of the written stage, such as stamp tax; the criteria for establishing competence; the substantial conditions for the resolution of the promise of sale; the prescription of the material right to action. Regarding the conditions of operation of the resolution, it is necessary to determine what is significant execution in the context of the promise of sale, from what time is considered to be late the contractor of the party wishing to appeal the termination of the contract and what kind of contractual behavior who wishes to terminate contractually, whether or not the notion of contractual fault is incidental or it is sufficient that the adverse party does not prove one of the justified causes of non-performance provided by art. 1555-1557 Civil code. Also concerning the prescription of the substantive law of the action, it is necessary to analyze concretely the moment from which it starts to flow, with possible causes of interruption, taking into account the fact that the resolution usually appears after several steps to execute in nature of the contract, being an extreme solution.
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