Sale Rescission for Boundary Error After Notarial Deed Acceptance

A plaintiff, having entered into a promise to sell real property with a final deed executed before a notary, subsequently discovered that the property did not conform to the boundaries indicated in the promise, leading to a demand for rescission of the sale based on error regarding the substance of the thing sold. The court rejected the appeal, reasoning that a sale finalized by a notarial deed, which explicitly refers to the cadastral description and established boundaries, supersedes the prior preliminary promise; furthermore, an action for rescission based on an error concerning the exact dimensions of the property cannot succeed when the purchaser, having accepted the deed without reservation, failed to avail themselves of the remedies provided by law regarding the difference between the actual and stated area in a sale by boundaries, which are distinct from grounds for nullity based on substantial error.