Real Estate Contract Termination Damages Calculation

In a case concerning the termination of a real estate purchase agreement after the buyer defaulted and the parties agreed to its collapse, the court confirmed that a claim for damages arising from the contract's demise must, by analogous application of Article 109 (2) of the Code of Obligations, be calculated based on the negative contractual interest, meaning the injured party should be put in the financial position as if the contract had never been concluded. The court reasoned that because the parties failed to agree on damage compensation during the termination, the law must supplement this omission, and the general jurisprudence mandates the negative interest in this context; consequently, the appeal was dismissed because the appellant failed to substantiate their claims under the correct legal standard (negative interest) in their appeal documents, instead arguing for the positive interest.