Sale Rescission for Lesion Based on Subsequent Inheritance Rejected

The case concerned a dispute over the validity of a sale agreement where the seller, having subsequently inherited property, attempted to invoke a provision allowing rescission if the initial sale price was significantly lower than the market value at the time of the sale. The Court of Cassation rejected the appeal, reasoning that the statutory right of rescission for lesion in sales of immovable property is applicable only when the act of sale itself establishes the disparity between the price and the value at the moment the sale was perfected, and that subsequent events, such as an inheritance, do not retroactively create grounds for rescission under the relevant civil code provisions applicable at the time of the transaction.