Ratification of Private Land Sale Agreement by Notarial Deed Supersedes Prior Terms
Synthèse Legislator
Généré par l'IAA contract for the sale of land, executed under private seal, was subsequently ratified by the parties before a notary, but the notary failed to include the full text of the prior agreement in the official deed, omitting a clause regarding the division of expenses. The subsequent purchasers, unaware of the omitted clause, sought to hold the seller liable for the full amount of the costs based on the initial private agreement. The court rejected the appeal, reasoning that the notarial deed, which was duly published, represented the definitive and entire agreement between the parties, legally superseding the prior private document, and thus the omitted clause could not be enforced against the seller by subsequent third-party purchasers who relied on the public record.
Regeste Legislator
Généré par l'IARatification of Private Land Sale Agreement by Notarial Deed Supersedes Prior Terms: The subsequent purchasers, unaware of the omitted clause, sought to hold the seller liable for the full amount of the costs based on the initial private agreement. The court rejected the appeal, reasoning that the notarial deed, which was duly published, represented the definitive and entire agreement between the parties, legally superseding the prior private document, and thus the omitted clause could not be enforced against the seller by subsequent third-party purchasers who relied on the public record.