Seller's Remedy Election in Land Sale Default

A contract for the sale of land, executed before a notary, stipulated that the buyer was obligated to secure the necessary municipal authorization for construction within a specific timeframe, failing which the seller had the right to demand either specific performance or termination of the sale with damages. When the buyer failed to obtain the authorization within the stipulated period, the seller sought termination and damages. The court of cassation ruled that the trial court erred in upholding the seller's unilateral right to terminate the sale based solely on the buyer's failure to secure the permit by the deadline, as the clause granting the seller the right to demand either specific performance *or* termination and damages meant the seller was obligated to choose one remedy and could not simultaneously treat the contract as terminated while demanding damages consistent with a breach, requiring a proper judicial determination on the chosen remedy.