Partial nullity of the contract for the sale of a building, with reference to the right of use of the land. Material competence

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

From the sale-purchase contract authenticated under no. 624/16.04.2010 by the notary public it does not appear whether the amount of 827,940 lei represents a price established also in consideration of the right of use of the land, which is indicated only that it is free and on an indefinite term. However, even if the price had also been set on the basis of the right of use of the land, the value of this right is impossible to establish on the basis of the contractual provisions.

Under these circumstances, taking into account that the duration of the right is indefinite, the only way to establish its value is by applying by analogy the provisions of Article 31 (4) of GEO no. 80/2013. In this regard, the court set a judicial stamp duty of 40,518.34 lei, which is also the amount of the claim for a declaration of partial absolute nullity of the legal act, i.e. an amount below the threshold of 200,000 lei.