Sale Contract Annulment for Discrepancy in Property Area

In a dispute over a sale contract, the buyer sought annulment of the sale claiming that the quantity of the property indicated in the authentic deed was significantly less than the actual area, which constituted a defect in the property's substance. The court of first instance dismissed the claim, but the appellate court reversed, finding that the discrepancy between the stated and actual area amounted to a substantial defect justifying annulment. The high court quashed this decision, reasoning that an action for annulment based on a discrepancy in stated area in a deed is only permissible if the discrepancy is so considerable as to imply that the buyer did not receive the essential object of the sale, and merely a difference in measurement, even if significant, does not automatically void the sale if the delivered property remains substantially what was agreed upon.