Breach of Promise to Sell: Contractual vs. Real Property Limitation Period

A party, claiming damages for harm resulting from the breach of a promise to sell, appealed a lower court's decision that dismissed the claim as time-barred under the prescription period applicable to contractual obligations, arguing instead for the longer prescription period applicable to personal rights arising from real estate transactions. The Court of Cassation quashed the lower court's decision, reasoning that the agreement to sell, being a preliminary contract that establishes only an obligation to contract in the future, is governed by the rules applicable to personal obligations, and therefore, the shorter contractual limitation period applies to the claim for damages resulting from its breach, not the longer period for actions concerning real property rights.