JURITEXT000006952958 Généré par l'IA

Seller's Unilateral Refusal to Execute Final Deed in Sale Agreement

Numéro de cause JURITEXT000006952958

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-19

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract for the sale of a building provided that the sale would be executed before a notary on a specific date, with the buyer having the right to withdraw prior to that date by forfeiting a deposit, and the court was asked to determine if the seller could unilaterally renounce the contract by refusing to appear before the notary, even though the buyer was ready to proceed; the Court of Cassation quashed the lower court's decision, reasoning that the commitment to sell, coupled with the deposit forfeiture clause for the buyer's withdrawal, established a final and binding agreement, meaning the seller could not unilaterally renounce the sale by refusing to execute the final deed before the specified date, as this refusal constituted a breach of contract for which the buyer was entitled to seek specific performance or damages.

Regeste Legislator

Généré par l'IA

Seller's Unilateral Refusal to Execute Final Deed in Sale Agreement: A contract for the sale of a building provided that the sale would be executed before a notary on a specific date, with the buyer having the right to withdraw prior to that date by forfeiting a deposit, and the court was asked to determine if the seller could unilaterally renounce the contract by refusing to appear before the notary, even though the buyer was ready to proceed; the Court of Cassation quashed the lower court's decision, reasoning that the commitment to sell, coupled with the deposit forfeiture clause for the buyer's withdrawal, established a final and binding agreement, meaning the seller could not unilaterally renounce the sale by refusing to execute the final deed before the specified date, as this refusal constituted a breach of contract for which the buyer was entitled to seek specific performance or damages.