Preliminary contract – compulsory execution
The law firm filed a lawsuit on behalf of the plaintiff for an injunction against the declaration of intent.
The plaintiff and the defendant’s predecessor-in-interest entered into a preliminary contract for the sale of real estate, under which the seller undertook to transfer ownership of the property to the plaintiff on a specified date. However, the seller died shortly after the conclusion of this agreement. The defendant, as the heir of the owner of the property, evaded the conclusion of the Promised Contract with the plaintiff. There can be no doubt that when the preliminary agreement satisfies the requirements on which the validity of
the promissory contract, in particular the requirements as to the form, the entitled party may claim the conclusion of the final contract. According to the regulations, in the case where the owner of the property has died, the relevant declaration can be demanded from his heir.
In the lawsuit filed, the law firm emphasized the defendant’s obligation to enter into the Promised Contract under the article 64 of the Civil Code.