i. Sale of assets from ascendants to descendants.
For a parent to sell a property to a child, they need the written consent (permission) of the other children. The law seeks to prevent the anticipation of inheritance, as access to the "Legítima" (compulsory share) is guaranteed to all children. The right to inheritance is Constitutional, and a parent cannot transfer all assets to one child to the detriment of the others. This becomes clearer in donation contracts, which does not prevent a sale from being used to simulate a donation when it occurs at a vile price or with the seller's own money.
ii. A co-owner cannot sell an indivisible asset before offering it to the other co-owners.
If A and B own an indivisible asset, neither A nor B can sell their share to C without first offering it to each other. This is the right of first refusal (preemption).
iii. Purchase of assets by those in charge of their custody.
Guardians and curators cannot purchase assets from their wards without the permission of a competent judge.
iv. Public servants cannot purchase public assets entrusted directly or indirectly to their administration.
To prohibit the sale of public assets for the administrator's benefit, the law forbids this conduct. Therefore, the sale of a public asset to its administrator is presumed illicit (this is an absolute presumption, known as 'jure et de jure').
v. Sale of real estate without spouse's consent under universal and partial community property regimes.
Whenever a real estate sale is involved, permission by public instrument from the wife or husband (spousal consent) is required.
Important: For couples married under the Separation of Assets regime who own a family home or other properties whose fruits provide income for the family, spousal permission will be required for the sale, as this will interfere with the family's livelihood.
.: CURIOUS FACT :.
Right of Redemption (Retrovenda)
This is a clause inserted into a purchase and sale contract whereby the seller reserves the right to reclaim the alienated (sold) property within a maximum period of 3 years, having to reimburse the buyer for expenses and improvements, in addition to paying the price of the asset. The right of redemption is non-transferable and cannot be assigned through inter vivos acts, but it passes to the seller's heirs.
