Preemption Right on Land Sale Validity

A contract for the sale of land, where the seller retained a right of preemption on the property in the event the buyer decided to sell, was found by the lower court to be invalid because the right of preemption, which was stipulated for the benefit of the seller without a fixed duration, constituted a perpetual commitment incompatible with the principle that obligations should not be established for an indefinite term. The High Court, however, quashed this decision, reasoning that the stipulation of a right of preemption for the benefit of the seller, even without a specified time limit, does not create an indefinite personal obligation but rather a real right attached to the property, which does not contravene the rule against perpetual personal commitments and is therefore valid.