Explanation of Article 357
The article clarified the penalty resulting from the breach by the deputy, agent, or expert of what was stipulated in Article (356); if any of them purchased for themselves what they were entrusted to sell or appraise its value, the penalty is the non-enforcement of the sale against the person for whom the sale was made; because their purchase exceeds what they were entrusted to do; thus, the sale does not confer a right to the owner nor does it create an obligation upon them, and the sold item remains in their ownership; unless they approve the sale; and if they approve the sale, it becomes effective against them, and their approval, being a unilateral legal act, is subject to the general rules outlined in the first section of this system; it does not depend on the buyer's acceptance, and its effect dates back to the time of sale, not the time of approval issuance, and it can be explicit or implicit, and the approver must have the capacity to sell at the time of approval, among other provisions.
The latter part of the article explained the effect if any of these individuals purchased the item for themselves and then disposed of it in a manner that conferred a real right to a third party in the item; the article stipulated that if the owner did not approve the sale, they cannot object to the non-enforcement of the sale against them towards the buyer's successor if that successor acquired a real right in the sold item in a manner recognized by the system, provided the successor was in good faith and acquired the right through compensation.
The explanation of these two conditions in protecting the good faith successor in the sale of a terminally ill person was previously mentioned in Article (355), and the ruling in both matters regarding this issue does not differ.
The owner's inability to object against the good faith successor does not affect their right to seek compensation from the deputy, agent, or expert for the damage incurred by the owner due to that disposition.
Related To
Article 357
A sale made in the cases provided for in Article 356 of this Law shall not take effect against the party for whose benefit the sale is made, unless ratified thereby. Said party may not invoke invalidation of the sale against a particular successor if said successor acquires in good faith an in-kind right as consideration