9. Antecontract de vânzare-cumpărare. Acțiune în restituirea avansului. Neactivarea pactului comisoriu. Consecințe asupra obligației de plată a daunelor-interese
9. Sale-purchase promissory agreement. Action for repayment of the advance. Non-activation of the lex commissoria. Consequences upon the obligation to pay damages

Summary/Abstract: If during the preliminary proceedings the promissory buyer requested only the repayment of the advance paid in virtue of the sale-purchase promissory agreement and the related legal interest, without requesting also the declaration of the application of the lex commissoria expressly provided by the contracting parties having as consequence to restore the parties to the original condition or the retroactive legal termination of the agreement, according to art. 1020-1021 of the Civil Code, its endeavor lacks any legal basis, as it is formulated, since only in case of the annulment of the agreement it may be ordered to oblige the party in relation to which the commitment to damages was not performed.

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