Seller's Termination Annulled Due to Abuse of Right in Condition Precedent Failure

A party contracted to purchase a commercial property, signing a preliminary agreement that included a clause for automatic termination if the condition precedent of obtaining necessary administrative authorizations was not met by a specified date, but the buyer failed to fulfill the prerequisite step of filing the required application within a reasonable timeframe, leading the seller to unilaterally terminate the agreement citing the unfulfilled condition. The court held that the party whose cooperation was necessary for the fulfillment of a condition precedent, and who failed to take the required steps within a reasonable time, could not invoke the non-fulfillment of that condition as a ground for terminating the contract, as this would constitute an abuse of right, thus justifying the annulment of the seller's unilateral termination.