ECC 6401/2000

This case involved a request for the validation of property sale contracts. The court had wrongly ignored the fact that the flats were purchased under two contracts and were in a building with multiple floors which had an impact on which rules applied.

Background

A purchaser filed a case against a seller before the court of first instance requesting the validation of two contracts dated 01/04/1985 by which he had bought two flats from the seller.

The court dismissed the case because the interest condition did not exist.

The purchaser appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the case should be dismissed.

Decision

The purchaser appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had violated the right of defence. It was said that he filed his case on two contract by which he had bought two flats in a building with multi floors which fell under the rules of Article 856 of the Civil Law but the court dismissed this defence.