PEH745

PEH745

Someone who owned a particularly beautiful horse bequeathed it to his favorite son in his notarized will. When the father fell seriously ill and was expected to die soon, the son, knowing that the father would never be able to ride again, accepted the horse as a gift. Then the son sold the horse at a high price to a friend. However, three years later, the father recovered and wanted to ride the horse again. He learned that it had been sold and wanted to undo the sale. He said that he had only granted permission to his son to have the use of the horse in order to have peace. However, he had only allowed him to use it, not to sell it. Also, due to his illness, he could not have intervened earlier, so the current owner did not acquire ownership even through prescription. David ben Abraham Franco Mendez decides that the gift of the horse, not having been done in the legally prescribed form for living animals, is null and void. The owner must return the horse to the rightful owner along with the equipment with which he received it, and he must also pay a reasonable rent. He can only reclaim the purchase price from the son, not from the father.

10

14

1789-07-24

1789-11-19

Franco

Franco Mendez, David ben Abraham

AcohenDav

Acohen d'Azevedo, David