Consider a scenario in which a prospective buyer enters into a konvenju with the specific condition that the building must have a planning permit. As the konvenju nears its expiration, the property still lacks a planning permit. Nonetheless, the buyer decides to proceed with the contract and files a judicial letter before the konvenju expires, and later requests the court to enforce the sale.
Can the court enforce the sale, given that the standard term stipulating the building should have a planning permit has not been fulfilled? (indeed, the condition that the property must have a planning permit is an implicit condition in every konvenju even if it is not explicitly stated)
This situation is not merely a hypothetical question for a property law exam, although it certainly could be; it is a reality that many buyers encounter.
I provide an analysis of this issue in my short publication entitled ‘Bini bla permess u konvenju ser jaghlaq’.
