Buyer's Claim for Forced Sale Based on Promise to Sell Dismissed

The dispute arose from a contract for the sale of specific movable property where the seller, after the buyer had paid a deposit, unilaterally refused to finalize the sale, leading the buyer to seek judicial authorization to proceed with a forced sale at the seller's expense. The Court of Cassation upheld the lower court's decision to dismiss the buyer's claim, reasoning that a mere promise to sell, even if accepted, does not automatically equate to a final sale agreement that compels performance, as the absence of consent on the definitive terms of the transfer of ownership means the essential element for the formation of the contract of sale is missing, thus precluding judicial intervention to substitute for the seller's will.