Sale with Right of Redemption vs. Disguised Usurious Loan

The case concerned an individual who, having signed a document agreeing to sell property with a right of redemption, later argued that the transaction was in reality a disguised loan with a usurious interest rate, seeking annulment of the sale. The Court of Cassation upheld the lower court's finding that, absent concrete evidence demonstrating the true intent to create a secured loan rather than a genuine sale with a right of redemption, the documented contractual form—a sale with the agreed option to repurchase—must prevail, thereby rejecting the claim for annulment based on usury.