JURITEXT000006953133 Généré par l'IA

Buyer's Suit to Annul Promise to Sell Due to Failure to Notify Pre-emption Holder Rejected

Numéro de cause JURITEXT000006953133

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-14

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A buyer, having signed a promise to sell property that was subject to a pre-emption right held by a third party, sought judicial annulment of the sale contract after the seller failed to notify the third party of the sale, arguing that this failure rendered the sale voidable; however, the court rejected this claim because the seller's obligation to notify the holder of the right of pre-emption only arises upon the definitive sale, and since the document signed was merely a promise to sell, which is not a final contract, the seller had not yet breached any duty requiring annulment of the preliminary agreement.

Regeste Legislator

Généré par l'IA

Buyer's Suit to Annul Promise to Sell Due to Failure to Notify Pre-emption Holder Rejected: A buyer, having signed a promise to sell property that was subject to a pre-emption right held by a third party, sought judicial annulment of the sale contract after the seller failed to notify the third party of the sale, arguing that this failure rendered the sale voidable; however, the court rejected this claim because the seller's obligation to notify the holder of the right of pre-emption only arises upon the definitive sale, and since the document signed was merely a promise to sell, which is not a final contract, the seller had not yet breached any duty requiring annulment of the preliminary agreement.