JURITEXT000006952861 Généré par l'IA

Contractual Right of First Refusal Does Not Bind Subsequent Purchaser

Numéro de cause JURITEXT000006952861

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-06

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract was formed for the sale of an estate, where the seller, aware of a pre-existing right of first refusal held by a third party, nevertheless proceeded with the sale, leading the right-holder to seek judicial annulment of the sale. The court dismissed the appeal, affirming that the right of first refusal, being a contractual obligation, only creates a personal right between the parties and does not confer real property rights that could bind subsequent purchasers, meaning the seller's breach of the agreement only gave rise to contractual liability against the seller, not the invalidation of the sale to the third party.

Regeste Legislator

Généré par l'IA

Contractual Right of First Refusal Does Not Bind Subsequent Purchaser: The court dismissed the appeal, affirming that the right of first refusal, being a contractual obligation, only creates a personal right between the parties and does not confer real property rights that could bind subsequent purchasers, meaning the seller's breach of the agreement only gave rise to contractual liability against the seller, not the invalidation of the sale to the third party.