Despre obligativitatea formei autentice la încheierea promisunii de vânzare a unui bun imobil în vederea pronunțării unei hotărâri care să țină loc de act autentic
About the Obligation of the Authentic Form at the End of the Promise to Sell a Real Estate with a View to Pronouncing a Judgment to take the Place of an Authentic Act

Author(s): Victor Marcusohn
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: sell promise; authentic form; court decision
Summary/Abstract: The curent study has as main objective to analize a recent decision of the Romanian Supreme Court of Justice, ruled in order to solve a general legal issue, according with the provisions of article 520 paragraph 8 of the Civil procedure code and of article 275 paragraph 1 of the Regulation on organising and administrative functioning of the Supreme Court of Justice, republished, with further modifications. It is about Decision no.23/2017 by which the Supreme Court has stated that „in the interpretation and aplication of article 1.279 paragraph 3 first thesis and article 1.669 paragraph 1 of the Civil Code, the authentic form is not mandatory for the conclusion of a sell promise of an imobile good, in order to pronounce a decision which substitutes an authentic act.

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