Simulated Sale Void Against Good Faith Third Party Purchaser
Synthèse Legislator
Généré par l'IAA party sought to annul a sale made by a seller who had previously transferred the property to another party through an authenticated deed, arguing the prior transfer was null due to a simulated sale intended only to secure a loan. The Court of Cassation quashed the lower court's decision, reasoning that while a simulated sale intended as security is void between the parties, the simulacrum cannot be invoked against a third party who has relied in good faith on the apparent reality of the transfer, even if that third party acquired the property through a subsequent authentic deed.
Regeste Legislator
Généré par l'IASimulated Sale Void Against Good Faith Third Party Purchaser: The Court of Cassation quashed the lower court's decision, reasoning that while a simulated sale intended as security is void between the parties, the simulacrum cannot be invoked against a third party who has relied in good faith on the apparent reality of the transfer, even if that third party acquired the property through a subsequent authentic deed.