Abstract
Non-Performance in a Preliminary Agreement in Property Transfer. Liability for Damages
Summary
This is the second of three articles presenting a detailed discussion
of the legal construction of the preliminary agreement, as well as its
significance and potential application in property transfer. It presents
aspects of the performance of the obligation defined in the preliminary
agreement and the consequences of non-performance, the division of
preliminary property sales agreements into agreements with stronger
or weaker effects, the scope and the amount of damages due to the
event of non-performance of the preliminary agreement by the obliged
party, and the consequences of stipulating a penalty in the preliminary
agreement and making a down payment upon its conclusion.