This case has been cited 1 times or more.
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2012-11-26 |
BRION, J. |
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| With respect to incorporeal property, Article 1498 of the Civil Code lays down the general rule: the execution of a public instrument "shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred." However, the execution of a public instrument gives rise only to a prima facie presumption of delivery, which is negated by the failure of the vendee to take actual possession of the land sold.[24] "[A] person who does not have actual possession of the thing sold cannot transfer constructive possession by the execution and delivery of a public instrument."[25] | |||||