Validity of the sale of a property of various owners without the consent of all co-owners

Commentary on the Supreme Court of 1 January 2013

Abstract

The conceptual validity of this type of sale is projected exclusively in terms of its immediate effectiveness obligational, so that does not reach the field of possible legal and actual effectiveness that may arise from the sale held. Similarly, neither alters or modifies the framework of rights that may correspond to the villagers not consented that these effects is intact. Moreover, the validity of the sale is subject to the necessary study of the circumstances and the subsequent interpretation of the contract concluded, hence that may arise an exception to it with the possible lack of consent to articulate advocacy buyer insofar as the bargaining purposes, or really dear intention by the contractor, the full title of the seller on the item for sale has been a central budget of the same, leading, where appropriate, to action cancellation by substantial and excusable error.