Insights

24th October 2025

Court of Cassation Clarifies Its Position on Double Sales: No Fraud if the First Sale Is Unregistered.

The Court of Cassation confirmed that selling the same item more than once does not constitute fraud, provided the first sale has not been officially registered. The ruling stated that ownership has not yet transferred to the first buyer, so the seller remains the legal owner and retains the right to dispose of the property again.

The court explained that one of the essential elements of fraud—wrongfully appropriating someone else’s property through deceit—is absent in the case of a second sale, as the property still belongs to the seller at the time of the transaction. It further emphasized that an unregistered contract does not transfer ownership, and selling the item again under such circumstances does not amount to a criminal offense.

A double sale only becomes a crime if there is intent to deceive or commit fraud combined with an actual transfer of ownership. Registration is therefore the key factor in determining ownership, while an informal sale creates merely a personal obligation without conveying legal title.

This Cassation ruling reshapes the legal understanding of ownership and disposition, sending a clear message to the marketplace: no criminal liability exists without deceit, and no fraud occurs without an actual transfer of ownership.

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