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Writing in the December De Rebus the case concerns an attempt to cancel a sale agreement by arguing that the property in the deed of sale was not described in three dimensions; the participation quota was not determined or determinable, and the extent of the common property was not indicated. Since the information was inadequate to identify the merx, one of the naturalia of a valid deed of sale, such sale was therefore argued to be invalid.

It is an interesting take on a defence that is not often used, but which can be fatal as a material risk exists that the deed of sale would not survive critical examination as to its validity when measured against the validity requirement of a properly defined merx.

De Rebus

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