Legislator Jurisprudence & Législation
JURITEXT000006952528 Généré par l'IA

Subsequent Recorded Sale Prevails Over Prior Unrecorded Private Sale

Numéro de cause JURITEXT000006952528
Autorité / Tribunal
Juridiction France (FR)
Date de la décision
Issue du litige Rejeté (Dismissed)

Synthèse Legislator

Généré par l'IA

A contract for the sale of real estate, executed as a private instrument, was subject to a statutory requirement that it be recorded for the transfer of ownership to be effective against third parties. The seller subsequently sold the same property to a second buyer via a notarized deed which was properly recorded, while the first buyer's private agreement remained unrecorded. The court held that because the second buyer's interest was established through a publicly recorded deed, which afforded the protection of publicity against third parties, the seller's subsequent transfer to the second buyer prevailed over the earlier, unrecorded private sale, as the second buyer was considered a third party protected by the registration laws.

Regeste Legislator

Généré par l'IA

Subsequent Recorded Sale Prevails Over Prior Unrecorded Private Sale: The seller subsequently sold the same property to a second buyer via a notarized deed which was properly recorded, while the first buyer's private agreement remained unrecorded. The court held that because the second buyer's interest was established through a publicly recorded deed, which afforded the protection of publicity against third parties, the seller's subsequent transfer to the second buyer prevailed over the earlier, unrecorded private sale, as the second buyer was considered a third party protected by the registration laws.

Mots-clés

Généré par l'IA
vente de gré à gré transmission de la propriété biens immeubles acheteur contrat d'enregistrement contrat de servitude
Généré par l'IA

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