Buyer's Self-Performance of Seller's Obligation and Right to Reimbursement

A seller of a building, who had undertaken to complete specific finishing works as part of the sale, failed to execute these works, leading the buyer to undertake the required repairs themselves and seek reimbursement for the costs incurred. The lower court awarded the buyer damages based on the cost of the work performed, and the seller appealed, arguing that the buyer's action constituted an unauthorized execution of the obligation, thus barring a claim for reimbursement. The high court rejected the appeal, reasoning that the buyer was entitled to seek judicial authorization to perform the obligation at the seller's expense following the seller's default, and the buyer's immediate execution of the work, while not strictly following the procedure for judicial authorization, was justified by the need to remedy the seller's non-performance and allowed for the recovery of necessary expenses.