La venta de pisos en construcción

Abstract

This research paper explores the preventive mechanisms in our legal system to ensure the legal position of the home buyers of off-plan properties. Given that access to the property is produced by the celebration of a “traslative contract” of the domain, as it is the sales contract, followed by the “tradition”, we have deemed necessary to distinguish two large blocks: in the first one, it has been studied whether the projected, or under construction, flat’s character (future thing), could be considered as a possible obstacle to the translational efficiency of the public instrument (that is, the sales contract expressed in notarial document). In the second, it has been analyzed the business of a sales contract under construction, through the prism purely contractual, deeping in the analysis of the nature that has such a contractual type.