Sale of Reserved Usufruct Right Nullified Due to Indivisible Contractual Term

An individual, having contracted to purchase a property with a reserved right of use and habitation, subsequently sold the bare ownership of the property while retaining the usufructuary rights, and later sold the bare ownership of a portion of the property to a third party before finally selling the reserved right of use and habitation to another individual. The appellate court annulled the sale of the reserved right of use and habitation on the grounds that the initial contract stipulated a single indivisible right which could not be fragmented and sold separately, thus violating the terms of the original agreement. The high court affirmed this decision, reasoning that the contract creating the rights over the property established a single, non-severable right of use and habitation, and its subsequent partial alienation by the seller constituted a breach of the original contractual obligation, justifying the nullification of that final sale.