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Author
Assoc. Prof. Biserka Marinova, PhD
Annotation
Subject of the study are the possibilities of a buyer according a preliminary contract to exercise his right under Art. 19, para. 3 of the Law on Obligations and Contracts. Attention is paid to the possible complications arising from a void concluded transaction by the promisor - vendor before entering the application for announcing the preliminary contract final. Discussed is the possible use of the action for a declaration of nullity and of Paul's action to protect the interest of the buyer under a preliminary agreement. Discussed is the question of opposability of an entered foreclosure and public sale by the plaintiff against the buyer - in the art. 19, para. 3 of the CPA. Highlighted is the importance of dominion exercised by the buyer under a preliminary contract, as well as opportunities to acquire property by prescription.
All arguments are supported by compulsory practice of the SCC under Art. 290 of the Code of Civil Procedure or Interpretation decisions of OSGK, they are made and references to legal theory.
Keywords
preliminary contract; claim; nullity; foreclosure; public auction; acquisitive prescription; third parties.
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