BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES
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 compet...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_010.pdf |
| _version_ | 1811328331077910528 |
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| author | Emilian-Constantin MEIU |
| author_facet | Emilian-Constantin MEIU |
| author_sort | Emilian-Constantin MEIU |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-13T15:23:22Z |
| format | Article |
| id | doaj.art-7674d8163f05474bb806a64b3cd80f28 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-04-13T15:23:22Z |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-7674d8163f05474bb806a64b3cd80f282022-12-22T02:41:34ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141201207BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISESEmilian-Constantin MEIU0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: meiuemilian@yahoo.com)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.http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_010.pdfart. 1549art. 1669promise of saleresolutionprescription |
| spellingShingle | Emilian-Constantin MEIU BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES Challenges of the Knowledge Society art. 1549 art. 1669 promise of sale resolution prescription |
| title | BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES |
| title_full | BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES |
| title_fullStr | BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES |
| title_full_unstemmed | BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES |
| title_short | BRIEF CONSIDERATIONS REGARDING RESOLUTION OF SALE PROMISES |
| title_sort | brief considerations regarding resolution of sale promises |
| topic | art. 1549 art. 1669 promise of sale resolution prescription |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_010.pdf |
| work_keys_str_mv | AT emilianconstantinmeiu briefconsiderationsregardingresolutionofsalepromises |