News
The promissory buyer can refuse to enter into the final contract if the pre-contract does not mention that the asset was previously donated: Civil Cassation, Section II, Judjment 12th December 2019, no. 32694
- 16/12/2019
The Second Section of the Civil Cassation with judjment of 12th December 2019 was pronounced at the preliminary stage of an asset of donation, reaffirming that, even if the provenance does not entail for itself a concrete and actual danger of loss of the asset, such as to enable the promissory buyer to use the remedy of the art. 1481 of the Civil Code, “it is nevertheless an influential circumstance on the security, stability and potential of the purchase planned with the pre-contract. As such, it cannot be concealed by the promising seller, otherwise the purchaser, unaware of the source, may refuse the stipulation of the final contract, making use of the general remedy of the art. 1460 of the civil code, if the details are used”.
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