Sales in the preliminary contract is not relieved of duty on entering the debt to a third party
Sales in the preliminary contract is not relieved of duty on entering the debt to a third party
When the debtor - seller was ordered to the right of ownership to a third party with which the latter has concluded a contract for assumption of debt, there has been failure to fulfill the obligation of the seller under the preliminary agreement to transfer ownership of the property, therefore no grounds for rescission of the same in accordance with Art. 87, para. 2 LOC.
The defendant, as a seller Preliminary contract - the sale is not relieved of its obligation to the plaintiff - the buyer to transfer ownership of the property and based contract to intervene in the debt obligation can be fulfilled by intervener in debt since entering into debt the debtor and the transferee are jointly liable to the creditor. If the claim is monetary, the creditor can not accept the intervention, since it does not matter by whom will receive monetary consideration. If the claim is for property, the creditor may bring a claim for declaring a preliminary contract for the final against the transferee who is responsible to him for the consequences of non-fulfillment of obligations assumed by the transferor with the preliminary agreement. The applicant, as a creditor - buyer has a claim against the purchaser for a declaration preliminary contract for the final, as the latter has acquired ownership of the property and assumed the debt of the transferor - seller. Claim of the creditor against the debtor - seller would be unfounded, because it does not belong to him ownership of the property due to completed transfer transaction. According to Decision № 52 of 09.01.2015, on the item. E. № 538/2014, the debtor - the transferor to be responsible to the creditor for breach of obligations undertaken with the preliminary agreement, may offer the lender the actual execution of the third party - intervener in debt acquirer. The creditor can require execution of the preliminary agreement by the transferee and he responds to it as a buyer for the duties for which he was responsible and debtor wants, based on preliminary contract.
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Attorney at law Iuila Danova
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