JURITEXT000006952730 Généré par l'IA

Buyer's Claim for Annulment Over Known Servitude Denied

Numéro de cause JURITEXT000006952730

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-23

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A party who had contracted to purchase property subject to an existing servitude, and who, despite being informed of the servitude during the sale negotiations, later sought annulment of the sale alleging the servitude diminished the property's value, was denied relief because the law does not permit the annulment of a sale based on the existence of an undisclosed or apparent servitude when the buyer was aware of it at the time of the agreement, as such knowledge prevents the buyer from claiming a breach of the implied warranty against encumbrances.

Regeste Legislator

Généré par l'IA

Buyer's Claim for Annulment Over Known Servitude Denied: A party who had contracted to purchase property subject to an existing servitude, and who, despite being informed of the servitude during the sale negotiations, later sought annulment of the sale alleging the servitude diminished the property's value, was denied relief because the law does not permit the annulment of a sale based on the existence of an undisclosed or apparent servitude when the buyer was aware of it at the time of the agreement, as such knowledge prevents the buyer from claiming a breach of the implied warranty against encumbrances.