JURITEXT000006952852 Généré par l'IA

Sale by Measure: Deficit in Area and Remedies

Numéro de cause JURITEXT000006952852

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-13

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A buyer, having contracted to purchase a building with a specified area, discovered after the sale that the actual area was significantly smaller, leading to a lawsuit seeking rescission of the sale or a reduction in price based on a deficit in the stated area. The court held that when a sale is concluded by reference to the area of the immovable property and the actual area is less than that stated by one-twentieth or more, the purchaser has the right to seek rescission of the sale or a diminution of the price, even if the statement of area was not the determining factor for the purchase, provided the area stipulation was an integral part of the contract as governed by the relevant civil code articles concerning sales of immovables by measure.

Regeste Legislator

Généré par l'IA

Sale by Measure: Deficit in Area and Remedies: The court held that when a sale is concluded by reference to the area of the immovable property and the actual area is less than that stated by one-twentieth or more, the purchaser has the right to seek rescission of the sale or a diminution of the price, even if the statement of area was not the determining factor for the purchase, provided the area stipulation was an integral part of the contract as governed by the relevant civil code articles concerning sales of immovables by measure.