Private Real Estate Contract Validity Dispute

A dispute arose over the validity of a contract for the sale of real estate where the parties had agreed to a private deed without the assistance of a notary, which was later contested on the grounds that a mandatory public deed was required for the transfer of ownership of the property. The court rejected the appeal, reasoning that while the law generally mandates a public deed for property transfers, a private agreement between the parties, when voluntarily executed, establishes a binding commitment between them, and the absence of the public deed does not render the underlying obligation void but rather affects its publicity and enforceability against third parties, meaning the agreement itself remains legally effective between the signatories.