Judgment No. 18875/2024 and the Written Form in Preliminary Real Estate Sale Agreements

Judgment No. 18875 of July 10, 2024, issued by the Court of Cassation, represents a significant moment in the Italian legal landscape, particularly concerning the consensual termination of preliminary real estate sale agreements. This decision reaffirms the necessity of adhering to the written form ad substantiam, already required for the original contract, thus highlighting the importance of formality in contractual matters.

The Principle of Written Form ad substantiam

According to the judgment, the consensual termination of a preliminary real estate sale agreement must be in writing, as established by Articles 1350 and 1351 of the Civil Code. This means that both parties must formalize the termination agreement in writing for it to be valid and admissible in court. The importance of this requirement cannot be underestimated, as it serves to ensure the certainty of legal relationships and to prevent potential future disputes.

Implications of the Judgment

The implications of this judgment are manifold and concern various practical aspects of daily life. In particular, the following can be highlighted:

• The safeguarding of the rights of the parties involved, who must be protected from any disputes regarding the validity of the termination.
• The promotion of transparency and clarity in contractual relationships, which must always be adequately formalized.
• The reference to the principle of equity, fundamental in any onerous act, which must ensure a balance between the parties' performances.

The consensual termination of a preliminary real estate sale agreement is subject to the same written form ad substantiam required for the original contract.

This maxim emphasizes that the written form is not a mere bureaucratic formality but an essential element for the validity of the act. In fact, the lack of such formality can lead to serious consequences, such as the nullity of the termination and the possible re-emergence of the initial contractual obligations.

Conclusions

In conclusion, judgment No. 18875/2024 represents an important confirmation of the significance of the written form in preliminary real estate sale agreements. Parties must be aware of this requirement and prepare accordingly, always seeking the assistance of legal professionals to ensure that every agreement is formalized according to current regulations. Legal certainty and the protection of citizens' legal positions are principles that must always take precedence in real estate transactions.