In the event of discrepancies between the cadastral plans and the actual condition of the property, it is therefore not possible to invoke the nullity of the notarization or the impossibility of enforcing the deed with the same transfer effects within the meaning of Article 2932 of the Civil Code (specific enforcement). As a result: - if the declaration is completely missing, the purchase agreement is void. - If, on the other hand, the declaration is present but does not correspond to the truth, the deed is not void. Therefore, the validity of the purchase agreement remains even if the declaration is false, unless the discrepancy is so obvious that it is recognizable at first glance even to a layman. The fact that the contract remains valid does not mean immunity from punishment and does not release the person who made the false declaration from civil and criminal liability (Art. 483 of the Criminal Code, False declarations in a public document). The ruling thus prevents minor irregularities from blocking the purchase or sale, thereby also reducing disputes over the nullity of notarial contracts. At the same time, the responsibility of those who made the declaration remains: the deed remains valid, but the damage must be compensated. In contrast, significant structural deviations (such as illegal extensions, structural changes without permission, or changes in intended use) affect the legal saleability of the property: the law prohibits the conclusion of purchase contracts without permission or a declaration in accordance with Art. 40 of Law No. 47/1985.

The new ruling by the Court of Cassation has thus clarified that the lack of complete conformity with the cadastre does not affect the validity of the sale, provided that the contract contains the declarations required by law.