Dispute Over Definitive Sale Contract Due to Unilateral Notary Appointment

A party, having agreed to purchase real estate under a preliminary contract that stipulated a notary was to be appointed by mutual agreement, subsequently refused to sign the final deed when the seller unilaterally appointed a notary, leading to a dispute over the validity of the sale agreement. The court ruled that the stipulation requiring the mutual agreement of both parties for the designation of the notary was a condition suspensive to the definitive contract of sale, and since this condition precedent was not fulfilled due to the unilateral action of one party, the contract could not be definitively formed, thus upholding the rejection of the seller's claim for forced execution of the sale.