9. Cerere de pronunțare a unei hotărâri care să țină loc de act de vânzare-cumpărare. Refuz nejustificat al promitentului vânzător de a încheia actul autentic
9. Application for delivering a judgment standing for a sale-purchase agreement. The unjustified refusal of the promissory seller to conclude the authentic instrument

Summary/Abstract: According to the provisions of art. 1669 para. (1) of the NCC, in order to deliver a judgment standing for a sale agreement, the court has to find that one of the parties which concluded a bilateral promise to sell unjustifiably refuses to conclude the promised agreement and, respectively, that all the other validity conditions are fulfilled. Thus, the absence of any steps on the part of promissory sellers for obtaining the cadastral documentation needed for the execution of the sale agreement in the form of an authentic notarial act according to the provisions of art. 54 of Law no. 7/1996 (setting forth that the notary public has the obligation to request, in case there are any instruments under which a right in rem is transferred, its registration in the land book) shall be equivalent to a refusal to conclude the respective instrument in the form of a notarial act, and the interpretation given by the court and according to which the existence of certain alleged difficulties in drafting the cadastral documentation shown during the trial would be equivalent to the refusal of the promissory sellers shall lead to the conclusion that, with regard to their passive attitude, the conclusion of the sale agreement in its authentic form is no more possible. Consequently, the court of appeal, upholding the non-fulfilment of the first condition required by art. 1669 para. (1) of the NCC and, consequently, the fact that a judgment standing for a sale agreement cannot be ruled as actually, there is no unjustified refusal of the defendants, but an impossibility of registering the lands in the land book, delivered an illegal decision.

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