JURITEXT000006957504 · Seller's Refusal to Cooperate with Buyer-Appointed Notary in Land Sale

A contract for the sale of land stipulated that the final deed would be executed before a notary appointed by the buyer, but the seller subsequently refused to cooperate with the notary chosen by the buyer, leading the buyer to seek judicial authorization to proceed with the sale. The court of cassation quashed the lower court's decision that had ordered the sale to proceed, reasoning that the clause merely granted the buyer the power to choose the notary who would draft the final deed, but it did not give the buyer the unilateral right to compel the seller to sign before that specific notary, thus upholding the principle that a contract for the sale of immovable property requires mutual consent to the final deed for full effect.