Seller's Right to Reclaim Property Upon Buyer's Default Without Judicial Resolution

A contract for the sale of property stipulated that the buyer would acquire ownership only upon full payment of the purchase price, which was made in installments, and the seller retained possession pending full payment; when the buyer subsequently defaulted on the final installment, the seller sought to terminate the contract and reclaim the property. The court of cassation quashed the lower court's decision, reasoning that a contractual clause stipulating transfer of title is suspended until the full price is paid, but in the absence of an express condition precedent regarding the seller's right to unilaterally rescind the agreement upon default, termination requires judicial resolution; therefore, the seller could not simply reclaim possession based on non-payment as if the sale had never occurred, as the contractual stipulation only postponed the passage of title, not the validity of the agreement itself.