JURITEXT000006952560 Généré par l'IA

Binding Effect of Land Sale Contract Upon Partial Execution of Rights

Numéro de cause JURITEXT000006952560

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-08

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, where the buyer was granted an immediate right of entry to begin preliminary work prior to the formal execution of the deed, was deemed to have a binding effect on the seller, notwithstanding that the final transfer of title had not yet occurred; the court ruled that because the buyer had exercised the agreed-upon right of entry and taken possession to commence defined work, the seller could not unilaterally withdraw from the agreement, as the contract was already perfected by the agreement on the thing and the price, and the partial execution of associated rights conferred immediate obligations.

Regeste Legislator

Généré par l'IA

Binding Effect of Land Sale Contract Upon Partial Execution of Rights: A contract for the sale of land, where the buyer was granted an immediate right of entry to begin preliminary work prior to the formal execution of the deed, was deemed to have a binding effect on the seller, notwithstanding that the final transfer of title had not yet occurred; the court ruled that because the buyer had exercised the agreed-upon right of entry and taken possession to commence defined work, the seller could not unilaterally withdraw from the agreement, as the contract was already perfected by the agreement on the thing and the price, and the partial execution of associated rights conferred immediate obligations.