Property Sale Rescission for Measurement Discrepancy

The case involved a dispute arising from a contract for the sale of property where the seller allegedly failed to fulfill obligations regarding the property's cadastral measurements, leading the buyer to seek rescission of the sale and damages. The Court of Cassation upheld the lower court's decision, reasoning that the alleged discrepancies in the property boundaries, even if proven, did not constitute a fundamental breach sufficient to justify the rescission of the sale contract because the buyer had been fully aware of the measurements at the time of the agreement and the contract itself contained provisions regarding the precise area, which the buyer had accepted.