In his opinion the father was entitled to exercise

nijhumnishita03

The resolutive action because although the deed of sale was executed by the couple, given that at the time of filing the lawsuit they were divorced and the liquidation of the community property regime was pending, It should be understood that the resolutory action could benefit the post-ganancial company , without there being any express opposition from the ex-wife. Second instance: the father was not legitimate The Provincial Court of Valencia upheld the appeal filed by the son-buyer and dismissed the claim due to the father's lack of legal standing. The Court warned that there is a conflict of interests between the sellers In particular, according to the opinion of the Chamber, the resolution of a contract is an act of disposition that requires the unanimous concurrence of all community members .

Furthermore, the Court warned that there is a conflict of interests between the sellers, given that at the trial the mother (also a seller) supported her son's position. Supreme Court: lack of necessary passive consortium litigation Now, the First Chamber of the TS, in its ruling of February 8, 2022, appreciates the lack of necessary passive consortium litigation and annuls Phone Number Data the sentences handed down in both instances. Firstly, the Civil Court shows that the father, as seller, has a legitimate interest in enforcing the termination of the sales contract if the price has not been paid. However, the mother's situation, also as the selling party, “would necessarily be directly affected by the sentence that is handed down,” he warns.



Facade of the Supreme Court. (Photo: E&J) Consequently, in view of the concurrent circumstances, given the object of the claim and the legal relationship being discussed, with the aim of guaranteeing the protection of all the interests at stake, the First Chamber declares that, “in order to "have the procedural relationship well established", the other selling party, that is, the mother or ex-wife also " must necessarily be in the process as a passive party in order to obtain a judicial ruling that is inseparable." The dismissal of the lawsuit creates a dead end or blockade situation for the plaintiff seller.