Preemption Right Trumps Subsequent Sale of Real Property

A party, having sold a property with an attached right of preemption benefiting the buyer, subsequently sold the same property to a third party without respecting that right, prompting the initial buyer to seek judicial cancellation of the second sale and confirmation of their own title. The Court of Cassation upheld the lower court's decision, reasoning that since the right of preemption was a registered real right attached to the property, the subsequent purchaser, even if acting in good faith, could not defeat the established right, and therefore the initial buyer was entitled to the remedy sought.