JURITEXT000006953196 Généré par l'IA

Sale Agreement Nullity Claim Barred by Recital of Due Deliberation

Numéro de cause JURITEXT000006953196

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-27

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party brought an action seeking nullity of a sale agreement, alleging that the required deliberation by the board of directors had not taken place, but the contract itself included a clause stating the deliberation had occurred; the court dismissed the appeal, reasoning that the party challenging the contract, having signed an agreement containing a recital that the necessary deliberation had taken place, could not subsequently use the absence of that deliberation as a ground for nullity, as the recital established a presumption of the proper internal procedure which the challenging party failed to rebut with sufficient evidence of bad faith or fraud.

Regeste Legislator

Généré par l'IA

Sale Agreement Nullity Claim Barred by Recital of Due Deliberation: A party brought an action seeking nullity of a sale agreement, alleging that the required deliberation by the board of directors had not taken place, but the contract itself included a clause stating the deliberation had occurred; the court dismissed the appeal, reasoning that the party challenging the contract, having signed an agreement containing a recital that the necessary deliberation had taken place, could not subsequently use the absence of that deliberation as a ground for nullity, as the recital established a presumption of the proper internal procedure which the challenging party failed to rebut with sufficient evidence of bad faith or fraud.