Children cannot sue their parents over the family land, but they can sue the buyer: Dika 625/2569

After their father died, three of his children sued their mother, a sibling and an outside buyer over land the mother, named alone on the title, had sold through a power of attorney given to that sibling. The lower courts threw the whole case out under Section 1562 of the Civil and Commercial Code, the rule that a child may not sue a parent (the uthalum bar). In Dika 625/2569 the Supreme Court agreed the children could not sue their mother or, as her agent, their sibling, but held the bar is personal to the parent-child relationship and does not protect the third-party purchaser. The claim against the buyer goes back to trial (CCC ss.820, 1336, 1562).

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