The High Court of Cassation and Justice ruled that the analysis of the conditions for the validity of a transaction requires, in the first place, the control of the right of the parties to seal the transaction which, in light of the very nature of this operation, underlies the assumption of the right to dispose of certain goods. Here, one of the parties sealing the transaction had merely the quality of an administrator of the certain good. Thus, the said party did not personally have the capacity to dispose of the good in the case of its extent, of its reception nor in the case of its cessation. Nonetheless, the court did not analyze this aspect. Furthermore, the control of the legality of the transaction sealed by the parties with the purpose of dispute resolution had been exclusively intended considering the existence of the parties in the very suit and not considering the legal requirements for the signature of the said legal document. Following these aspects, the passed judgment is not legal, breaching the provisions enclosed in Art. 2268, para. (1) and Art. 2271 of the New Civil Code.
(Decision no. 1166 of the 8th of April 2014, given at appeal by the 1st Civil Division of the High Court of Cassation and Justice, covering the action for recovery of property)
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