According to a recent decision of the High Court of Cassation and Justice (Civil Division I, Decision no. 713 of 31 March 2020) the rendering of a decision to stand as a notarized sale-purchase agreement is conditional upon the fulfilment of all general and special validity conditions, including the no tax liability to the local budget condition.
The completion of this obligation, substantive condition for the rendering of the decision, will be proved by the tax certificate referred to in Article 159 par. (6) of the Fiscal Procedure Code. The High Court of Cassation and Justice has imposed this condition by applying, mutatis mutandis, the clarification of the legal issues with value of principle and mandatory effect established by Decision no. 42/2017 issued by the High Court of Cassation and Justice – the panel for clarifying legal issues. In that Decision, the High Court of Cassation and Justice had ruled that claims concerning the validity of a bilateral promise to swap assets targeting taxable goods are conditional upon the submission of the tax certificate.
Thus, in the absence of the document demonstrating the fulfilment of this special requirement, it is not possible the court cannot hold that all legal requirements of validity are met to allow the activation of the legal instrument available to the parties in case of culpable failure to perform a promise to sell.
