JURITEXT000006952647 Généré par l'IA

Annulment of Property Sale Based on Alleged Right of Redemption in Promise to Sell

Numéro de cause JURITEXT000006952647

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-18

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party sought to annul a sale of property, claiming a reserved right of redemption had been stipulated, but the buyer countered that the instrument executed was not a formal sale agreement but merely a promise to sell, which was not subject to the right of redemption under the relevant civil code provision, and the court, finding that the instrument lacked the essential elements of a true sale as it did not definitively transfer ownership or require immediate payment of the price, affirmed the lower court's decision that the purported reservation of redemption was inapplicable because the agreement constituted only an unfulfilled promise to sell, not a completed sale.

Regeste Legislator

Généré par l'IA

Annulment of Property Sale Based on Alleged Right of Redemption in Promise to Sell: A party sought to annul a sale of property, claiming a reserved right of redemption had been stipulated, but the buyer countered that the instrument executed was not a formal sale agreement but merely a promise to sell, which was not subject to the right of redemption under the relevant civil code provision, and the court, finding that the instrument lacked the essential elements of a true sale as it did not definitively transfer ownership or require immediate payment of the price, affirmed the lower court's decision that the purported reservation of redemption was inapplicable because the agreement constituted only an unfulfilled promise to sell, not a completed sale.