 CONSIDERATIONS ON THE OPTION PACT RELATED TO THE SALES-PURCHASING CONTRACTIlie Urs FIAT IUSTITIA, 2018, vol. 12, issue 1, 307-313 Abstract: The option pact of the sales-purchasing contract is a version of the common law option pact. The option pact on the sales-purchasing contract is a contract whereby one of the parties makes an irrefutable offer to sell to the other party, called beneficiary, who can either accept or deny it within a certain period of time. The option exercise by the beneficiary in accepting the sales offer forms the final sale only beginning with the option exercise date. The formation of the sales-purchasing contract does not retroactively go through the day of the option pact because at that time the beneficiary did not agree to purchase the asset but only agreed with the other party to become the holder of a right of option. From the option exercise date to the acceptance of the offer of sale, the beneficiary is also hired. For example, in the case of the option pact for the sale of a particular individual asset, the beneficiary becomes the owner of the property right and has to pay its price.uples. In Romania, this problem is not current, because civil partnerships between same-sex persons are not legally recognized. In the states of the European Union, this issue is increasingly acute, hence the European Court of Human Rights has been appealed to in a few cases. In February 2017, the ECHR returned a positive resolution to a couple of Austrian homosexuals who considered themselves discriminated: the two women wanted to get the right to adopt the biological child of one of them. Austria has been convicted of violating the European Convention on Human Rights by differentiating between unmarried unisex couples and unmarried heterosexual couples if one of the partners wants to adopt the other's child. However, the Court maintained its own jurisprudence, establishing that limiting adoption to heterosexual married couples is not discriminatory where homosexual couples can marry. Keywords: option pact; contract; a declaration of will; irrefutable offer; option term; beneficiary (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:12:y:2018:i:1:p:307-313 Access Statistics for this article More articles in FIAT IUSTITIA from Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania |
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