8. Convenție de rezoluțiune a unui contract de vânzare-cumpărare încheiată în temeiul prevederilor art. 1550 C. civ. Acțiune în constatarea nulității absolute. Condiții și efecte
8. Agreement of the rescission of a sale-purchase contract concluded pursuant the provisions of art. 1550 of the Civil Code. Action for absolute nullity. Conditions and effects

Summary/Abstract: The scheme of the provisions of art. 345 of the Civil Code shows that each spouse may conclude individually any acts of conservation, acts of management regarding any common goods and acts of purchasing common goods, and insofar as his/her interests in the shared ownership have been damaged under a legal act, the spouse who has not taken part in the conclusion of the respective act can claim only damages from the other spouse, without affecting the rights acquired by the good faith third parties. Thus, the agreement of the rescission of a sale-purchase agreement concluded by one of the spouses with the seller, in compliance with art. 1550 of the Civil Code, in which the parties declared the non-performance of the obligation to pay the price and agreed upon to terminate the contract, shall not be an act of disposition entailing the applicability of the provisions of art. 346 of the Civil Code – according to which the acts of disposal or encumbering with rights in rem having as subject matter the common goods may be concluded only by both spouses’ consent –, as it does not deals with the assumption of this legal text, namely that the act should be of disposal nature, however it is an act of amicable settlement of the impossibility of performing the contract, namely an act of administration which does not require the spouse’s consent, in connection with the provisions of art. 345 para. (2) of the Civil Code.

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