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Author
Assoc. Prof. Biserka Marinova, PhD
Annotation
Object of study is the possibility of exercising the right to to bring an action for conclusion of the final contract under Art . 19, p. 3 of The Law of Obligations and Contracts according to the specifics of the preliminary agreement between the landowner and the builder - superfitsiar when against the right of building construction the obligation is finished objects. Highlighted is the specificity of the relationship and is substantiated the thesis that in the particular case, such a right should be recognized only to the builder on the establishment of property rights in his favor. Tracked are the actual relations that could arise after the ruling of the court takes effectand is drawn the interest of the landlord in the absence of an amicable relationship to prefer as a remedy claim under Art. 79 or termination for default with claim under Art. 87 of The Law of Obligations and Contracts. Shown is the development in case law and are reported differing opinions of other legal analysts.
Keywords
предварителен договор, строителство, право на строеж, неизпълнение, иск
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