Article 907 of the Civil Code constitutes a "misunderstood" provision, which has been criticized as few in the civil code. Nevertheless, the analysis of its purpose and function highlights its key role in preventing transactions which are contrary to public policy in addition to the equally key provision of Article 178 of the Civil Code. Both deny the protection of the legal order in transactions which are contrary to public policy (either during the preparation, article 178 of the Civil Code, or during their reversal, article 907 of the Civil Code) and thus expose the parties to increased property risks, which tend to act as a deterrent to the conduct of said transactions. In particular, article 907 of the Civil Code makes transactions which are contrary to public policy risky for the parties involved and especially for the one who pre-delivers, as this provision prohibits the reversal of such transactions in case their purpose is not achieved.
The study is a developed version of a presentation of the same name presented by the author to the Association of Urbanists at the meeting of 24.11.2022.
It was published in the journal EfADPolD, issue 2/2023 (p. 150) and you can find it at the following link.