LessonsResale Before Possession, Re-measurement and Price AdjustmentsQuiz

The permission regarding land rests on the usual absence of a destructive event that would unravel the first sale. Commentaries discuss exceptional cases such as property seriously threatened by river erosion or a structurally endangered upper floor. The ordinary rationale cannot simply be transferred to every such case.

The distinction illustrates a legal effective cause: one must examine the relevant risk, not merely label an asset “land.” Contemporary title and registration requirements are a separate inquiry.

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Real estate exposed to extraordinary risk

Resale Before Possession, Re-measurement and Price Adjustments

The permission regarding land rests on the usual absence of a destructive event that would unravel the first sale. Commentaries discuss exceptional cases such as property seriously threatened by river erosion or a structurally endangered upper floor. The ordinary rationale cannot simply be transferred to every such case.

The distinction illustrates a legal effective cause: one must examine the relevant risk, not merely label an asset “land.” Contemporary title and registration requirements are a separate inquiry.