Autonomia obligaţiei de plată a preţului în raport cu transferul dreptului de proprietate. Răspunderea contractuală a promitentului-cumpărător şi limitele renunţării tacite la dreptul de creanţă
Autonomy of the obligation to pay the price in relation to the transfer of ownership. The contractual liability of the promisor-buyer and the limits of the tacit waiver of the right to claim

Summary/Abstract: This paper analyses a case in which the obligation to pay the price under a contract for the sale of immovable property is distinct from, and independent of, the obligation to transfer ownership, the simultaneous performance of the two obligations not being of the essence of sale. Starting from a preliminary agreement which provided for a global price payable in three instalments, the last being conditional upon the final settlement of a land-registry dispute, the author examines the basis and the conditions of the buyer-promisor’s contractual liability, the mechanism of specific performance of the payment obligation, the regime of a maturity subject to a suspensive condition, and the issue of default interest owed between professionals. The defences based on the res judicata effect of the judgment standing in lieu of the authentic deed, and on the seller’s alleged tacit waiver of the price difference, are critically discussed, showing why the courts rightly held that a waiver of a claim must be express and unequivocal and cannot be inferred by way of interpretation.

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