Explanation of Article 355
The article clarified the effect of the buyer's transaction from a terminally ill patient with the sold item, and the extent of the heirs' right to pursue the sold item in the hands of the buyer's successor. The article determined that the heirs who have the right to claim the invalidity of the sale by the terminally ill patient against them cannot invoke this invalidity against the buyer's successor if that successor has acquired a real right in the sold item, whether the right acquired by the successor is an original real right such as ownership or usufruct, or a subordinate real right such as a mortgage. For these rights to be considered against the heirs, the successor must acquire that right in a manner recognized by the system.
The article stipulated two conditions for the heirs not to have the right to object against the buyer's successor:
The first condition: The successor must be in good faith, which is the case if, at the time of the contract, they do not know or are not supposed to know about the heirs' right in the sold item. The consideration is the presence of good faith at the time of the transaction, and a person is presumed to be in good faith; they are not required to prove their good faith, but the heirs must prove that they were in bad faith when they concluded the contract under which they acquired that right.
The second condition: The successor must have acquired the right by way of compensation, such as sale or barter, whether at the market price or not. This condition excludes the general successor of the buyer, such as an heir or a legatee, and the specific successor if the right was acquired as a gift. In such cases, the heirs have the right to object to the invalidity against these parties because the heirs' right takes precedence over them.
When these two conditions are met in favor of the successor, the heirs cannot object to the invalidity against them, to protect the stability of transactions and those who deal in good faith. If the buyer from the terminally ill patient sells the sold item to another person, the heirs cannot pursue the item in the hands of the good-faith buyer. Similarly, if the buyer from the terminally ill patient mortgages the item to another person or establishes an easement on it, the heirs cannot claim their right from the item except while it is burdened with that right.
The end of the article states that protecting the good-faith successor does not prevent the heirs from demanding the buyer from their predecessor to pay what is due to them in his liability. They have the right to revert to him for the amount of their right established in his liability, which is only the amount of favoritism because it is the amount to which their right is attached. However, if the buyer is not an heir, they cannot demand the full amount of favoritism but only the amount that completes two-thirds of the estate, i.e., the amount of favoritism exceeding one-third of the estate or the market value.
The ruling contained in the article is consistent with what is established in protecting the good-faith successor, despite the invalidity or annulment of his predecessor's transaction in several instances in this system.
Related To
Article 355
Invalidation of a sale made by a terminally ill person may not be invoked if the buyer’s disposition of the sold item confers upon a bona fide party an in-kind right over the sold item in return for a consideration, without prejudice to the heirs’ right of recourse against the buyer for an amount sufficient to complete two-thirds of the estate or for the price of a similar item.