Buyer's Unjust Enrichment Claim Against Successor Fails After Voided Sale Due to Seller's Incapacity
Synthèse Legislator
Généré par l'IAA person who had acquired ownership of an immovable property under a private deed, which was subsequently declared null and void due to the seller not having the capacity to dispose of the property, sued the seller's universal successor to recover the price paid, arguing unjust enrichment because the successor had subsequently sold the property to a third party for a higher price. The court ruled that the nullity of the initial transfer, based on the seller's lack of capacity, meant the original buyer had never truly lost ownership and thus suffered no loss from the subsequent sale; consequently, the claim for restitution of the purchase price based on unjust enrichment against the seller's successor was unfounded as there was no impoverishment to remedy.
Regeste Legislator
Généré par l'IABuyer's Unjust Enrichment Claim Against Successor Fails After Voided Sale Due to Seller's Incapacity: The court ruled that the nullity of the initial transfer, based on the seller's lack of capacity, meant the original buyer had never truly lost ownership and thus suffered no loss from the subsequent sale; consequently, the claim for restitution of the purchase price based on unjust enrichment against the seller's successor was unfounded as there was no impoverishment to remedy.