THE APPROACH OF THE COURT of CASSATION IS CONTRARY TO EQUITY:
The approach of the Supreme Court on this issue is also contrary to fairness. That is to say;
as explained above, a very large part of the construction contracts for decking is the land
the obligation to transfer the title deed will be fulfilled after the completion of the construction
it is organized. For this reason, legislators, contractors and craftsmen have the right to legally
he tried to secure it with a mortgage. The common practice is that when this is the case, dec plot owner,
separated from the application, before the start of construction, by transferring the deed to the contractor, both
the owner has made himself the owner of the right to save. Most likely, you will also find that, more apartments
he accepted it in order to get it, for a high profit, he took the risk. Moreover, in the third person, 0
with the idea that “I have the title deed anyway”, that is, with the opinion that the risk is very small,
he did not ask the contractor for any other warranty. Indeed, if the contractor issues the deed
if he was not in a position to give, the third party, perhaps, would refuse to take the apartment, perhaps
he was going to ask the contractor for a guarantee. In this case, the legal status of the strong with his own hands
the contractor who delivers it to the contractor, who should only have a personal right, also has the same right
shopping with the convenience and confidence of receiving the deed from the contractor, against the owner of the decommissioned land plot
it will also be fair to protect the third party who is doing this and does not want a guarantee with this confidence.
However, the Supreme Court has completely set aside the concept of the right in kind, leaving the assurance in its hands
the contractor is obliged to protect the owner of the decommissioned plot in absolute terms, third parties, only the decommissioned plot
he is victimizing the owner on the grounds that they should know his right to return. Moreover, this
a very large part of third parties use their small savings obtained by working for a lifetime to get their head around
he has already spent it in the hope of getting an apartment that he can put up. The remaining share of the land in his hands is also decoupled
taking it will ruin your whole life. In this aspect, the solution is suitable for fairness,
the third person who buys an apartment from the landowner who has decommissioned the facility to the contractor
it is to protect.
