Preliminary contract and claim for concluding a final contract


Preliminary contract is a separate type of contract by which the parties prepare the conclusion of the final contract. It should contain all arrangements for the essential conditions of the final contract. By seeks art. 19, para. 3 LOC country forward delivery exercise its right to require the other party to fulfill its obligation under the contract and conclude a final agreement. The ruling of the court decision declaring the final contract. It is effective to and participating in the proceedings pronouncement persons, but they always can resist him his rights to object in court against this decision. Form the preliminary contract The preliminary agreement should be concluded in the statutory form - writing if it comes to a preliminary agreement for transfer, establishment or termination of rights in rem over immovable property. Contents of the preliminary contract When the preliminary contract of sale, it must contain arrangements for the item and price. This stems from the basis of the preliminary agreement by which the country becomes transformative right to legally enforceable conclusion of the final contract. The preliminary agreement is part of a pre-contractual relationship between the parties - he has organizational and preparatory to promise him a final agreement between them. The preliminary agreement the parties may include other arrangements, respectively. - To take other reciprocal obligations on it, including - accessory - to forfeit a deposit earnest money. The sale of the registered shares available can not be subject to prior agreement. The identification of the properties in the preliminary contract in a way that expresses the will of the parties to dispose of them is necessary in transforming effect of the application under Article 19, paragraph 3 LCP - if the subject of the preliminary contract is not specified, the judgment can not replace the final contract.

No) reality of the preliminary contract Concluded under suspensive condition preliminary contract for sale of real estate is real, as the result of the general agreement of the contracting and not contrary to the mandatory provisions of law. The preliminary and final contract for the sale of an object from a building that was built in rough construction is void for lack of suitable object until the completion of the building to this point. The preliminary contract is void if it aims at securing the lender before taking him to the occurrence. Void preliminary contract for a property has no effect, any rights and obligations of the parties. Each other due to the return of the received based on the contract. When the preliminary agreement for the conclusion of certain final contract is void, the same can not be true usually unnamed agreement in whole or in part or for individual clauses. A contract void as final, can be valid as a preliminary, if it meets the requirements of the preliminary contract. Action for final conclusion The action for declaring a preliminary agreement for a final at issue is the right of the country to demand the announcement of the preliminary contract for the final. With the entry does not create changes in the legal sphere has requested entry. It is not an administrative act that creates or affects the rights and legitimate interests. Denials of entry shall be appealed to the general, and not before the administrative courts, which is also an indication that the work of the officers conducting the recording is administrative.

 

 



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Preliminary contract and claim for concluding a final contract Preliminary contract and claim for concluding a final contract