[Autom. eng. transl.] The sentence pursuant to art. 2932 of the Civil Code The sentence pursuant to art. 2932 of the Civil Code has constitutive nature: it produces, ex nunc, the effects of the contract not concluded, when the one who is obliged to stipulate it does not fulfill this obligation. b) Legal sources of the obligation to contract In the category of obligations to contract of legal source for which the remedy of execution in a specific form can be activated, the case referred to in art. 849 of the Civil Code, the case of the forced establishment of easement pursuant to art. 1032 cc and, finally, the hypothesis regulated by the art. 2597 of the Italian Civil Code c) Negotiation sources of the obligation to contract Among the obligations to contract negotiating sources, for which it may act pursuant to art. 2932 cc, both unilateral ones, such as the will, and bilateral ones are indicated, first of all the preliminary contract, the field of election of the action as per art. 2932 of the Civil Code. Among the contracts which give rise to obligations pursuant to art. 2932 falls, then, the contract of mandate to purchase immovable property, of which to the art. 1706, 2nd co., Cc; the pactum fiduciae, from which arises the obligation for the trustee to transfer back to the trustor the thing purchased by him; and, again, the obligation for a cooperative to stipulate the assignment deed in the ownership of a house to the shareholder, if this results from the social contract.
|Translated title of the contribution||[Autom. eng. transl.] Specific execution of the obligation to conclude a contract|
|Number of pages||14|
|Journal||OBBLIGAZIONI E CONTRATTI|
|Publication status||Published - 2008|
- esecuzione specifica