4. Acțiune în rezoluțiunea unui antecontract de vânzare-cumpărare. Neformularea unei cereri de repunere în situația anterioară. Consecințe
4. Action for retroactive termination of a sale-purchase promissory agreement. Failure to lodge a petition to restore to the original condition. Consequences

Summary/Abstract: The restoration of the contracting parties to their original condition, as an effect of ordering the legal retroactive termination, represents a distinct, autonomous petition based upon which the court shall be seized, and in the absence of which the court cannot apply the restitutio in integrum principle. Where the court rules on the restoration of the contracting parties to their original condition, as an effect of admitting the claim of legal retroactive termination, in the absence of an express request on the claimant’s part, it would be broken not only the principle of availability regulated by art. 129 paragraph (6) of the Code of civil procedure, but also the principle of contradictoriality and of the right to defense of the adverse party, which could face to the impossibility to defense in other claims as well, different from those specified in the petition of the writ of summons.

• Details
• Contents