Specific Performance of Preliminary Real Estate Contract

A seller entered into a contract to sell immovable property to a buyer, but subsequently refused to execute the final deed, leading the buyer to sue for forced execution. The lower court ordered the transfer of ownership, reasoning that the preliminary sales agreement, which included a precise description of the property and the agreed-upon price, constituted a definitive sale contract that immediately transferred ownership rights upon signing, even before the formal deed, thus obligating the seller to complete the formalities. The high court upheld this decision, confirming that a promise to sell, when containing all the essential elements of a final sale, establishes a present and perfect transfer of title between the parties.