Crime of fraud by the double sale of the same property

Commentary on the Supreme Court of 18 June 2013

Abstract

Suffice private sale without further document traditio to understand the scam in its consummate form of double sale. If the seller had ceased to be willing to have accomplished prior sale, not actually exist and just a second sale would be a sham or pretense contract of sale. Claims that the first contract was not a contract of sale itself, but a «pre-contract» were rejected, as it was a true sale for the object, the price and the payment method (partly materialized even paid at the time) and refined sale.