Sham sale

(1) A sale, whether made directly or through an intermediary, to defeat the provisions imposing restrictions on the power to transfer shall be null. (2) When the sale is made by the spouse of the person who is incompetent to acquire or by a person whose presumed heir he is or when made with a third party who has agreed with the person who is incompetent to acquire that he will transmit the benefits in favour of the latter, such person is deemed to be the intermediary.