Despre sancţiunea incidentă în caz de împiedicare a exerciţiului preempţiunii de drept comun prin neincluderea condiţiei reglementate de art. 1.731 din Codul civil

Rezumat

In this study, we will demonstrate the following: (i) if the owner and his chosen purchaser enter into a contract of sale not affected by the suspensive condition of non exercise of pre emption, the pre emptor is prevented from exercising his pre emption in a useful manner; (ii) the removal of this impediment (i.e. the inclusion of the suspensive condition in that contract) can be done by the preemptor by means of a partial ineffectiveness cause of action, which removes those effects of the sale between the owner and the chosen buyer which are intended to be effective even if the preemptor would wish to exercise his primacy; (iii) the ineffectiveness cause of action available to the preemptor is unenforceability, which can be obtained by means of a paulian action.
Keywords: right of pre emption; nullity; unenforceability; art. 1.731 Civil Code; suspensive condition; cause of ineffectiveness.