DIES A QUO DEL PLAZO DE CADUCIDAD DE LA ACCIÓN DE RETRACTO.

Abstract

Action to exercise a retrospective right of first refusal after an auction can be taken as of judicial approval of the winning bid and award to the winning bidder. The deed of sale is the true sale (Civil Code, art. 1524). The only proof of knowledge of the sale is the document giving notice of the award of properties and sale of same by deed, made on 1 February 1999. And this is the dies a quo. Action to exercise the retrospective right of first refusal could not be taken before that date, because until that date there was no knowledge of the transfer. In a judicial procedure, the dies a quo will be the date of notice of the decision awarding the property; in the case of transfer as a consequence of auction in an administrative proceeding for collection, the dies a quo will be the date of notice of the deed of sale.