Prior Unrecorded Sale vs. Subsequent Registered Sale Priority
Synthèse Legislator
Généré par l'IAA party, having sold a building by private instrument, subsequently entered into a second sale agreement with another purchaser, this second sale being formally recorded, and the initial buyer then sought to enforce the first contract, claiming that the prior registration of the second sale did not prejudice their rights since the initial contract predated the entry. The Court of Cassation rejected the appeal, reasoning that a transfer of ownership only becomes enforceable against third parties, including a subsequent buyer who has properly recorded their title, from the date of its recording, meaning the properly registered second sale took precedence over the earlier, unrecorded private agreement.
Regeste Legislator
Généré par l'IAPrior Unrecorded Sale vs. Subsequent Registered Sale Priority: The Court of Cassation rejected the appeal, reasoning that a transfer of ownership only becomes enforceable against third parties, including a subsequent buyer who has properly recorded their title, from the date of its recording, meaning the properly registered second sale took precedence over the earlier, unrecorded private agreement.