Revocation of Power of Attorney Invalidates Unperfected Private Sale
Synthèse Legislator
Généré par l'IAThe case involved a dispute where an individual, having received a power of attorney to sell a property, executed a deed of sale under private signature to a third party, but the sale was not finalized due to the property owner's subsequent revocation of the power of attorney before the notarial deed could be signed. The court held that a sale under private signature by an agent acting under a power of attorney, which did not specifically authorize the agent to sign the notarial deed itself, does not perfect the sale against the principal, especially when the power of attorney was revoked before the necessary formal act could be executed, thus affirming the lower court's decision to deny the claim for forced execution of the sale.
Regeste Legislator
Généré par l'IARevocation of Power of Attorney Invalidates Unperfected Private Sale: The court held that a sale under private signature by an agent acting under a power of attorney, which did not specifically authorize the agent to sign the notarial deed itself, does not perfect the sale against the principal, especially when the power of attorney was revoked before the necessary formal act could be executed, thus affirming the lower court's decision to deny the claim for forced execution of the sale.