Agent's Authority and Condition Precedent in Property Sale
Synthèse Legislator
Généré par l'IAThe case concerned the validity of a sale agreement for immovable property entered into by an agent whose power of attorney was subject to a condition precedent, specifically the prior approval of the principal, which had not occurred before the agreement was executed. The court of cassation quashed the lower court's decision, reasoning that a contract executed by an agent without the prior fulfillment of a suspensive condition stipulated in the mandate is null and void, as the agent lacked the necessary and legally effective authority at the time of the sale.
Regeste Legislator
Généré par l'IAAgent's Authority and Condition Precedent in Property Sale: The court of cassation quashed the lower court's decision, reasoning that a contract executed by an agent without the prior fulfillment of a suspensive condition stipulated in the mandate is null and void, as the agent lacked the necessary and legally effective authority at the time of the sale.