Purchaser's Rescission of Immovable Sale Without Formal Notice

A lower court, finding that a purchaser had rescinded a contract for the sale of immovables following a stipulated delay for completion, ordered the return of the deposit paid by the purchaser and also awarded damages, leading to an appeal. The high court quashed this decision, reasoning that a rescission for non-performance of a contract where time is not essential generally requires a formal notice to perform, and since the rescinding party had not proven that they had formally put the seller in default by a demand for performance, the requisite legal basis for the rescission and the subsequent award of damages was absent.