JURITEXT000006953045 Généré par l'IA

Sale After Expired Pre-emption Right

Numéro de cause JURITEXT000006953045

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-09

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A dispute arose when a party, having sold land with a pre-emption right granted to a third party, proceeded to sell the same property to another buyer after the pre-emption right had expired according to the terms of the original agreement, leading the first buyer to seek annulment of the second sale; the court rejected the appeal, reasoning that the pre-emption right, being strictly personal and stipulated for a fixed duration, expired definitively upon the lapse of that term, rendering the subsequent sale valid and precluding the claim for annulment based on the extinguished right.

Regeste Legislator

Généré par l'IA

Sale After Expired Pre-emption Right: A dispute arose when a party, having sold land with a pre-emption right granted to a third party, proceeded to sell the same property to another buyer after the pre-emption right had expired according to the terms of the original agreement, leading the first buyer to seek annulment of the second sale; the court rejected the appeal, reasoning that the pre-emption right, being strictly personal and stipulated for a fixed duration, expired definitively upon the lapse of that term, rendering the subsequent sale valid and precluding the claim for annulment based on the extinguished right.