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

Judgment No. 18875 of July 10, 2024, issued by the Court of Cassation, represents a significant moment in the Italian legal landscape, particularly regarding the consensual termination of preliminary contracts for real estate sales. This decision reaffirms the necessity of respecting 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 ruling, the consensual termination of a preliminary contract for real estate sale must occur in written form, 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 enforceable 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.

The Implications of the Judgment

The implications of this ruling are manifold and concern various practical aspects of everyday 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 appropriately formalized.
  • The reference to the principle of equity, fundamental in any onerous agreement, which must ensure a balance between the parties' performances.
The consensual termination of the preliminary contract for real estate sale is subject to the same written form ad substantiam required for the original contract.

This maxim emphasizes that the written form is not merely a bureaucratic fulfillment 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 contracts for real estate sales. Parties must be aware of this requirement and prepare adequately, always seeking the assistance of legal professionals to ensure that every agreement is formalized according to current regulations. The certainty of law and the protection of citizens' legal positions are principles that must always be prioritized in real estate transactions.

Bianucci Law Firm