JURITEXT000006953703 Généré par l'IA

Sale of Non-Existent Object: Improper Remedy for Alleged Lack of Price

Numéro de cause JURITEXT000006953703

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-23

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party brought an action seeking rescission of a sale agreement, claiming the price paid was illusory because the object of the sale was completely destroyed at the time of the contract, which was a fact that the buyer knew, and the seller was unaware of. The court rejected the appeal, reasoning that a contract for the sale of a thing that has ceased to exist is a nullity, but the rescission action, based on the alleged lack of price, was improperly founded because the alleged situation did not amount to a mere absence of price but rather to a nullity of the underlying object, which could not be challenged through the specific remedy sought.

Regeste Legislator

Généré par l'IA

Sale of Non-Existent Object: Improper Remedy for Alleged Lack of Price: The court rejected the appeal, reasoning that a contract for the sale of a thing that has ceased to exist is a nullity, but the rescission action, based on the alleged lack of price, was improperly founded because the alleged situation did not amount to a mere absence of price but rather to a nullity of the underlying object, which could not be challenged through the specific remedy sought.