JURITEXT000006952727 Généré par l'IA

Vendor's Title Retention vs. Good Faith Third-Party Purchaser

Numéro de cause JURITEXT000006952727

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-10

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A vendor, having sold movable property to a purchaser under a conditional sale agreement that stipulated retention of title until the price was fully paid, subsequently sought to enforce this right against a third party who had subsequently acquired the property, claiming the title had not transferred due to non-payment; however, the court rejected the vendor's claim, reasoning that the stipulations of the conditional sale agreement were not effective against a third party who had taken possession of the goods in good faith, as the mere physical possession of the movable property by the purchaser, without any reservation of title being made public or enforceable against third parties according to the law governing such sales, transferred apparent ownership sufficient to defeat the original seller's claim.

Regeste Legislator

Généré par l'IA

Vendor's Title Retention vs. Good Faith Third-Party Purchaser: A vendor, having sold movable property to a purchaser under a conditional sale agreement that stipulated retention of title until the price was fully paid, subsequently sought to enforce this right against a third party who had subsequently acquired the property, claiming the title had not transferred due to non-payment; however, the court rejected the vendor's claim, reasoning that the stipulations of the conditional sale agreement were not effective against a third party who had taken possession of the goods in good faith, as the mere physical possession of the movable property by the purchaser, without any reservation of title being made public or enforceable against third parties according to the law governing such sales, transferred apparent ownership sufficient to defeat the original seller's claim.