Right of Preference Infringement and Sale Nullification

A property owner, having sold a right of preference over their land, subsequently sold the land itself to a third party without affording the initial beneficiary the stipulated right to purchase, leading the initial beneficiary to sue for nullification of the subsequent sale. The court affirmed the judgment against the property owner and the subsequent purchaser, reasoning that the initial right of preference, being a contractual obligation linked to the property, created a real right binding on subsequent purchasers who were aware or should have been aware of its existence, thus justifying the annulment of the sale to the third party who failed to respect that right.