Purchaser's Right to Compel Notary Action Survives Seller's Death

A purchaser of property, having paid the price but not yet obtained the formal title deed, sought judicial authorization to compel the notary responsible for the act to proceed with the finalization of the sale due to the seller's refusal. The court of appeal denied the request, holding that the purchaser's right to compel execution was extinguished because the seller, having since died, had not been properly summoned to appear before the court via a procedure that complied with the requirements for notifying a deceased party. The highest court quashed this decision, reasoning that the jurisdiction to grant the authorization, once established by the filing of the initial application, is not lost by the subsequent death of the defendant, provided the proceedings are regularly continued against the heirs, making the formal summoning procedures inapplicable in this context.