Ruling No. 18681/2024: The Necessity of Identification in the Preliminary Real Estate Sale Contract

The recent ruling No. 18681 of July 9, 2024, has generated considerable interest in the field of real estate law, particularly regarding the drafting of preliminary sale contracts. This decision by the Court of Cassation addresses a crucial issue: the exact identification of the property subject to the preliminary contract, a matter that has significant practical implications for the parties involved.

The Legal Context of the Ruling

The Court addressed a case where a preliminary real estate sale contract involved a generic asset. The central issue was whether the subject of the contract could be determined through acts and facts external to the agreement. The Court's response is clear: in the event of a judicial ruling pursuant to Article 2932 of the Civil Code, the exact identification of the property in the preliminary contract itself is necessary.

“(COMPROMISE) (DEFINITION, CHARACTERISTICS, DISTINCTION) - SPECIFIC PERFORMANCE OF THE OBLIGATION TO CONCLUDE THE PRELIMINARY REAL ESTATE SALE CONTRACT OF A GENERIC ITEM - Subject of the contract - Judicial ruling pursuant to Article 2932 of the Civil Code - Necessity of exact identification of the property in the preliminary - Existence - Basis. In the case of a preliminary real estate sale contract of a generic item, the subject of the contract can be determined through historical acts and facts external to the agreement, even subsequent to its execution, only if the identification of the asset to be transferred occurs at the time of the consensual conclusion of the definitive contract, and not when it pertains to a judicial ruling pursuant to Article 2932 of the Civil Code, in which case the exact identification of the property, with indication of the boundaries and cadastral data, must be evident from the preliminary, as the ruling must correspond exactly to the content of the contract, without being able to draw from other documentation the necessary data for the specification of the asset subject to the transfer.”

Practical Implications for the Parties

The ruling we are discussing emphasizes the importance of drafting preliminary contracts with the utmost care. It is essential that the parties involved clearly specify the subject of the contract, providing details such as:

  • Precise identification of the property;
  • Indication of the boundaries;
  • Cadastral data.
The lack of such information can compromise the validity of the contract and the possibility of obtaining adequate performance in the event of litigation.

Conclusions

In conclusion, ruling No. 18681/2024 represents an important milestone in Italian jurisprudence regarding preliminary real estate sale contracts. It underscores the necessity for a clear and precise identification of the property in the preliminary, establishing a principle that may influence future contractual practices. Professionals in the field and private individuals must pay particular attention to this aspect to avoid legal issues and ensure the certainty of their rights in the real estate sector.

Bianucci Law Firm