Conditions under which a judgment in lieu of contract may be given in matters relating to property

DEZBATERI

Abstract

In the case of a promise of sale in real estate, the conditions under which the court may issue a judgment in lieu of a contract are contained not only in articles of the Civil Code (Art. 1.669, 1.279), but also in other laws [such as Art. 35-36 Law no. 7/1996, Art. 195 para. (5) Law no. 207/2015 etc.]. Based on the structure of the conditions listed in the HCCJ Decision No 235/2021, we have compiled a summary of the most important issues decided in the case law of the High Court of Cassation and Justice.

Keywords: promise of sale, pre-contract of sale, judgment in lieu of contract, judgment in lieu of authentic instrument