Opinion civil Customer Tizio. Preemption
Track: Tom
conductor of a building in which it carries on business as a goldsmith, received by Mr. Rossi, owner of the "Red Palace" in which local therapeutic plan is located in a building he owned dense, communication under Article. 38 L.392/78 or who plan to sell at a price of € 100,000.00 requested to exercise the right of first refusal.
Tom, in terms of law, announced the intention to exercise such right shall be invited Messrs. Rossi by a notary is 10 days. Contextually
Tom gets a grant from Alfa Bank gets the money for the ACQUIRED as a loan ..
The day fixed for the meeting before the notary, however, Messrs. Rossi and do not show up after a few days, Tom learns that sold for notarial authentic unity leased property owned by Tom, together with all other residential units the building belonging to the Red Palace. PROCEEDINGS
Wednesday, January 20, 2010
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The proposed case, leads us prior examination of the institution of pre-emption, which a person is entitled to be preferred to other nell'acqusito of a certain law. 
cases of first refusal is mandatory, that are predetermined by the law it sets limits and regulates the exercise.
Certainly the legislature has provided for this institution to protect the legal position of a person who already has the right to use (ius in re alien). cases of first refusal is mandatory, that are predetermined by the law it sets limits and regulates the exercise. The example of the right of first refusal is this preference for the special law on lease gives the tenant of a building art. 38-39 Law 392/78, but there is no similar requirement, although more detailed in some respects and different in the agricultural sector (the agricultural pre-emption).
In the case in point is one of those of first refusal on the lease. Article. 38 Law 392/78 provides that it is for the landlord, who intends to transfer the property for consideration leased to communicate this intention to the conductor, who within a deadline of 60 days. receipt (notified by bailiff) to make known its intention to exercise right or not.
The following article provides that if the owner does not secure the said notification, or ocrrispettivo is higher than that resulting from the actual sale made to a third party for consideration, the person entitled to first refusal may, within six months from the transcript of the sale, exercise the redemption of the property by the purchaser and any other subsequent successor in title.
post what the problem is essentially that there's interesting to see if there is a right of first refusal in favor of Guy and a single housing unit, even when the object of sale is the entire building and composed of several distinct units.
On this point the SC with the decision No. 5331/05 of 03.10.2005 has held that "if the block sale of the entire building in which the property is leased, the tenant is not entitled to this pre-emption and redemption, not on individual apartments, not to be separable from the whole, nor on the block, being different from the leased asset. Pertnato adhering to this approach, however, confirmed by other case law of 2009, Tom can not get the redemption of the property has been sold.
However, as the same in good faith ha contratto un mutuo con la Banca Alfa sull scorta del futuro acquisto tramite la prelazione, potrà richiedere in via giudiziale il risarcimento per responsabilità extracontrattuale dei Sig.ri Rossi ai sensi dell'art. 1337 c.c. per rottura ingiustificata delle trattative.
In the case in point is one of those of first refusal on the lease. Article. 38 Law 392/78 provides that it is for the landlord, who intends to transfer the property for consideration leased to communicate this intention to the conductor, who within a deadline of 60 days. receipt (notified by bailiff) to make known its intention to exercise right or not.
The following article provides that if the owner does not secure the said notification, or ocrrispettivo is higher than that resulting from the actual sale made to a third party for consideration, the person entitled to first refusal may, within six months from the transcript of the sale, exercise the redemption of the property by the purchaser and any other subsequent successor in title.
post what the problem is essentially that there's interesting to see if there is a right of first refusal in favor of Guy and a single housing unit, even when the object of sale is the entire building and composed of several distinct units.
On this point the SC with the decision No. 5331/05 of 03.10.2005 has held that "if the block sale of the entire building in which the property is leased, the tenant is not entitled to this pre-emption and redemption, not on individual apartments, not to be separable from the whole, nor on the block, being different from the leased asset. Pertnato adhering to this approach, however, confirmed by other case law of 2009, Tom can not get the redemption of the property has been sold.
However, as the same in good faith ha contratto un mutuo con la Banca Alfa sull scorta del futuro acquisto tramite la prelazione, potrà richiedere in via giudiziale il risarcimento per responsabilità extracontrattuale dei Sig.ri Rossi ai sensi dell'art. 1337 c.c. per rottura ingiustificata delle trattative.
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