JURITEXT000006953345 Généré par l'IA

Seller's Right to Repossession Against Good Faith Third-Party Purchaser of Unpaid Goods

Numéro de cause JURITEXT000006953345

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-04

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A seller, having transferred ownership of goods to a buyer through a document, subsequently sought to have the sale declared null and void on the grounds that the buyer had failed to pay the price, demanding repossession of the merchandise; the court found that the stipulation reserving title to the seller until full payment was valid between the parties, but since the buyer had subsequently sold the goods to a third party who was acting in good faith, the initial seller's claim for repossession against the third-party purchaser could not succeed, leading to the cassation of the lower court's decision that had favored the seller.

Regeste Legislator

Généré par l'IA

Seller's Right to Repossession Against Good Faith Third-Party Purchaser of Unpaid Goods: A seller, having transferred ownership of goods to a buyer through a document, subsequently sought to have the sale declared null and void on the grounds that the buyer had failed to pay the price, demanding repossession of the merchandise; the court found that the stipulation reserving title to the seller until full payment was valid between the parties, but since the buyer had subsequently sold the goods to a third party who was acting in good faith, the initial seller's claim for repossession against the third-party purchaser could not succeed, leading to the cassation of the lower court's decision that had favored the seller.