Peculiarities of consent judgment rendered in disputes concerning substituting the consent of the promisor who unjustifiably refuses to conclude the promised sales contract

Abstract

One of the particular situations that lead to the termination of the civil dispute is that in which the parties agree on the claim submitted to the court. In the light of the relevant procedural and material provisions, the article analyzes whether the obligation of the court to verify the fulfillment of all the conditions of validity of the promised sale contract, in the context of Art. 1.669 of the Civil Code, subsists even if it is called upon only to take note of the agreement of the parties, therefore when the parties agree to put an end to a pre existing dispute. The difficulty of identifying an answer is also generated by the fact that Art. 2.278 para. (1) of the Civil Code uses the formula “ascertains”, while Art. 440 of the Code of Civil Procedure states that the court “consecrates” the agreement of the parties. The answer is provided based on an example from recent practice, in a case solved by the Bucharest Tribunal.
Keywords: consent judgment; conditions of validity of the promised sale contract; pre existing dispute; agreement of the parties; recent practice.