DCC 1/2009/4

This case involved the impact on the payment of a deposit in a property sale transaction including what it indicates about the contract and the payment of compensation.

Key Legal Questions

- If payment of a down payment is evidence that a contract has become final and may not be relinquished unless the terms of the agreement or custom stipulate otherwise.

- If the characterization of a lawsuit is not based on what the litigants describe, but on the Court's examination of the facts of the case and the law that shall be applied to it.

- If the court's characterization of a case is a matter of law that shall be controlled by the Court of Cassation.

- The right of the Court of Appeal to take the reasons of the appealed judgment if it is convinced of its validity and if a contradiction that leads to defectiveness is a contradiction between the judgment's reasons.

- If a Trial Court is obliged to respond to the request of the opponent to refer the case to the investigation if it did not find the need to.