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The obligation to conclude the contract and offer of the service

  • 09/08/2021

The Court of Cassation  (Sentence n. 11837, 6 May 2021) established that in the matter of a preliminary sales contract, where the parties have provided for the payment of the price or the related balance at the time of signing the definitive contract, the offer of the service, required by art. 2932, paragraph 2, of the Italian Civil Code, can be considered implicit in the request for specific execution of the obligation to conclude the contract; therefore the requirement of the offer referred to in the second paragraph of art. 2932 of the Italian Civil Code is to be considered satisfied with the proposition of the request for specific execution of the obligation to contract.

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