JURITEXT000006952776 Généré par l'IA

Preliminary Sales Agreement Validity Without Fixed Deadline

Numéro de cause JURITEXT000006952776

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-29

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A buyer of an immovable property, who had entered into a preliminary sales agreement and paid a deposit, sought to have the final deed of sale executed, but the seller refused, asserting the preliminary agreement was void due to a lack of explicit mention of a fixed deadline for the final sale, thereby arguing the obligation was purely potestative; the Court of Cassation rejected the seller's argument, reasoning that while a purely potestative condition renders an obligation void, the fixing of a future date for the final act, even if not expressly stipulated in the preliminary agreement, constitutes an obligation that is not solely dependent on the will of the obligor and therefore validly binds the parties to proceed with the sale.

Regeste Legislator

Généré par l'IA

Preliminary Sales Agreement Validity Without Fixed Deadline: A buyer of an immovable property, who had entered into a preliminary sales agreement and paid a deposit, sought to have the final deed of sale executed, but the seller refused, asserting the preliminary agreement was void due to a lack of explicit mention of a fixed deadline for the final sale, thereby arguing the obligation was purely potestative; the Court of Cassation rejected the seller's argument, reasoning that while a purely potestative condition renders an obligation void, the fixing of a future date for the final act, even if not expressly stipulated in the preliminary agreement, constitutes an obligation that is not solely dependent on the will of the obligor and therefore validly binds the parties to proceed with the sale.