JURITEXT000006952717 Généré par l'IA

Land Sale Rescission for Misrepresentation of Buildability

Numéro de cause JURITEXT000006952717

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-18

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A plaintiff, having contracted to purchase land, sued the vendor for rescission of the sale, alleging that the land was fraudulently misrepresented to be buildable when it was, in fact, designated as non-constructible by urban planning rules, a fact the vendor knew or should have known; the Court of Cassation rejected the appeal, affirming the lower court's decision which had found insufficient proof that the vendor's representations constituted fraud (dol) sufficient to vitiate consent, as the planning designation was a matter of public law that the purchaser was also presumed to know or verify.

Regeste Legislator

Généré par l'IA

Land Sale Rescission for Misrepresentation of Buildability: A plaintiff, having contracted to purchase land, sued the vendor for rescission of the sale, alleging that the land was fraudulently misrepresented to be buildable when it was, in fact, designated as non-constructible by urban planning rules, a fact the vendor knew or should have known; the Court of Cassation rejected the appeal, affirming the lower court's decision which had found insufficient proof that the vendor's representations constituted fraud (dol) sufficient to vitiate consent, as the planning designation was a matter of public law that the purchaser was also presumed to know or verify.