Sale Nullity Upheld Due to Lack of Express Consent

A lower court had ordered the nullity of a sale agreement, finding that the seller, despite being present at the signing, had not expressly consented because the document indicated their spouse signed on their behalf, which the seller later claimed was unauthorized. The high court rejected the appeal, reasoning that the trial judge's finding that the seller had not provided the necessary express consent to the written terms was a factual determination within their discretionary power, and therefore could not be overturned on appeal, as the absence of explicit personal confirmation of the written terms rendered the commitment invalid concerning that party.