JURITEXT000006953077 Généré par l'IA

Pre-emption Right Holder Vindicates Claim Against Purchaser Aware of Right

Numéro de cause JURITEXT000006953077

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-07

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A purchaser of a property subject to a pre-emption right, who was aware of the right but failed to notify the holder of the sale, was sued by the holder seeking the nullity of the sale and the transfer of ownership; the court upheld the decision ordering the nullity of the sale and the transfer to the pre-emption right holder, reasoning that the failure to notify the holder of the sale, despite the purchaser's knowledge of the right, constituted an obstacle to the exercise of that right, justifying the nullification remedy as provided by law.

Regeste Legislator

Généré par l'IA

Pre-emption Right Holder Vindicates Claim Against Purchaser Aware of Right: A purchaser of a property subject to a pre-emption right, who was aware of the right but failed to notify the holder of the sale, was sued by the holder seeking the nullity of the sale and the transfer of ownership; the court upheld the decision ordering the nullity of the sale and the transfer to the pre-emption right holder, reasoning that the failure to notify the holder of the sale, despite the purchaser's knowledge of the right, constituted an obstacle to the exercise of that right, justifying the nullification remedy as provided by law.