Appeal Regarding Validity of Private Deed for Immovable Sale
Synthèse Legislator
Généré par l'IAA party appealed a lower court decision that upheld the validity of a contract for the sale of immovables, which was concluded via a private deed, arguing that the transaction required a notarial act for its validity, despite the transaction not involving a donation or stipulation to a third party. The high court quashed the ruling because, under the relevant civil code provisions concerning the transfer of ownership of immovables, a private deed, even if acknowledged, is insufficient to establish the transfer of ownership against third parties, necessitating a public deed for such validity.
Regeste Legislator
Généré par l'IAAppeal Regarding Validity of Private Deed for Immovable Sale: The high court quashed the ruling because, under the relevant civil code provisions concerning the transfer of ownership of immovables, a private deed, even if acknowledged, is insufficient to establish the transfer of ownership against third parties, necessitating a public deed for such validity.