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Explanation of Article 672

Explanation of Article 672

The article establishes the right of the preemptor to request the court to invalidate the legal transactions made by the buyer on the preempted property, such as sale or the creation of a usufruct right or any other real right, if these transactions were made after the preemptor informed the seller and the buyer of his desire for preemption. For instance, if the buyer arranges a mortgage on the preempted property after the preemptor has informed the seller and the buyer of his desire for preemption, the preemptor has the right to request the invalidation of the mortgage, thereby acquiring the property through preemption free of the mortgage, provided the conditions for preemption are met. This does not mean the creditor's right is lost; rather, he retains the right of priority over the proceeds received by the buyer from the sale of the property. It is evident from the contrary understanding of the article that the preemptor does not have the right to request the invalidation of the buyer's transactions if these transactions occurred before the preemptor informed the seller and the buyer of his desire for preemption.

Article 672

The holder of the right of first refusal may demand invalidation of the buyer’s dispositions if he notifies the seller and the buyer of his desire to exercise said right; in such case, the holder’s right shall remain in effect as long as its conditions are satisfied.