The typology of pre-emption right regulated by law no. 17/2014 in the matter of action seeking a judgment in lieu of a contract Cover Image
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Tipologia dreptului de preempțiune reglementat de Legea nr. 17/2014 în materia executării silite atipice a promisiunii de contract
The typology of pre-emption right regulated by law no. 17/2014 in the matter of action seeking a judgment in lieu of a contract

Author(s): Pantelimon Movilă
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: pre-emption right; the Law no. 17/2014; mutual promissory agreement; the action that replaces the consent;

Summary/Abstract: By the Law 247/2005, concerning the reform in the domains of property and justice, the legislative tradition of preemption right regulation concerning agricultural grounds „has been left”. At the same time, the same law regulates, for the first time since 1991, the action seeking a judgment in lieu of a contract.But the state of „normality” has been left ongoing, the Law no. 17/2014 being an example of special dispositions contrary to the general dispositions, both with regard to the right of pre-emption and the action seeking a judgment in lieu of a contract.The article comes to catch the sinuous evolution of the mutual promissory agreement, which has as object the conclusion of a contract of sale concerning the agricultural grounds located in the unincorporated area, by underlining the legislative modifications, the compulsory jurisprudence of the Supreme Court of Justice and the jurisprudence of the Constitutional court.

  • Issue Year: 2025
  • Issue No: 02
  • Page Range: 67-89
  • Page Count: 23
  • Language: Romanian
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