Seller's Right of Preference in Land Sale Performance

A buyer entered into a contract to purchase land but refused to complete the sale, claiming the seller did not possess the required right of preference to sell the property, a right that was established by the seller's own title deed, leading the seller to seek judicial performance of the sale. The Court of Cassation quashed the lower court's decision, reasoning that the seller, who holds the right of preference according to their title, is presumed to have perfected the necessary formalities for exercising that right against the buyer, and the buyer, challenging the sale's execution, bears the burden of proving the non-existence or lapse of that right.