Right of Preemption in Land Sale Against Third-Party Purchaser

A contract for the sale of land, where the seller retained a right of preemption upon any future resale by the buyer, was challenged when the buyer sold the property to a third party without offering it back to the original seller, leading the original seller to sue for nullity of the subsequent sale and specific performance of their right of preemption. The court of cassation quashed the lower court's decision, reasoning that a contractual right of preemption concerning immovable property creates a real right binding on third parties who subsequently acquire the property, and thus the original seller was entitled to have the subsequent sale set aside and to enforce the right of preemption against the third-party purchaser.