Comentario a la STS de 23 de marzo de 2021 (RJ 2021, 1299). Sobre el ejercicio de nulidad de títulos de dominio como requisito previo al ejercicio de la acción reivindicatoria y las condiciones de ejercicio previo de la acción de saneamiento por evicción.

Resum

In the proceedings initiated (claim action brought by D. Aquilino and wife against D. Amadeo), we are not dealing with an unjust possession exercised by a non-owner but rather, before defendants claiming not to be mere owners but to be genuine owners, as they already alleged in the previous act of conciliation and of which the actor was therefore aware. Consequently, the action in the Court's view should be dismissed, it being clear that it is clear from the judgment delivered that the conditions necessary for the claim to succeed and, in particular, that the action must be brought are not met against the non-owner and in this case, the defendants and then appellees were owners of the property at issue. This produces an interesting jurisprudential interpretation on the validity or otherwise of the obligation to transfer ownership in the contract of sale and the need to claim the nullity of contradictory titles for the exercise of the claims and reparation by evicción, together with the assessment of the duty of prior notification to the seller of the demand for eviction, its formalization and effects.