Facing the challenge of energy efficiency in buildings through housing cooperatives
Keywords:
Termination, Restitution, Breach of contract, Conditions, Sub-purchaser, Lex CommissoriaAbstract
The Property Registry, as a source of official publicity of the status of the land, must be able to receive all the acts and contracts that justify a change in that status. The contracts and similar acts in the traffic are the clearest examples of this. But we must take account other cases in which real estate rights move, not because they "advance" in the real estate circuit, but because they "go backwards”. This “going backwards” may be due to different reasons, which reveal a close overlap between the “Law of obligations” and “Law of property”. The scope of this “going backwards”, its nature and its effects over the sub-purchasers, it is determined by its cause. The present work tries to approach the study of these aspects, both from the Civil Code and from the Mortgage Law, considering 1) the explicit resolution conditions in general; 2) the explicit resolutive condition of article 1504 of the Civil Code in particular; and 3) the resolution for non-compliance ex article 1124 of the Civil Code.