Specific Performance Refused Against Third-Party Purchaser Lacking Notice of Pre-emption Right
France (FR)
Synthèse Legislator
Généré par l'IAA plaintiff, having contracted for the sale of property with a vendor who subsequently transferred the property to a third party, sought to enforce specific performance based on a pre-emption right granted under the contract, arguing the transfer constituted a violation of that right; the court rejected the appeal, reasoning that the pre-emption right, established by a contractual clause, only created a personal obligation between the contracting parties and therefore could not be invoked against a third-party purchaser who acquired the property without knowledge of the agreement, as the right did not confer any real property right binding subsequent owners.
Regeste Legislator
Généré par l'IASpecific Performance Refused Against Third-Party Purchaser Lacking Notice of Pre-emption Right: A plaintiff, having contracted for the sale of property with a vendor who subsequently transferred the property to a third party, sought to enforce specific performance based on a pre-emption right granted under the contract, arguing the transfer constituted a violation of that right; the court rejected the appeal, reasoning that the pre-emption right, established by a contractual clause, only created a personal obligation between the contracting parties and therefore could not be invoked against a third-party purchaser who acquired the property without knowledge of the agreement, as the right did not confer any real property right binding subsequent owners.