JURITEXT000006953818 Généré par l'IA

Sale Stipulation Voiding Upon Buyer's Death Held Invalid as Disguised Prohibition on Alienation

Numéro de cause JURITEXT000006953818

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-04

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contractual stipulation voiding a sale in the event of the buyer's death before the final payment, despite the seller having received partial payments, was deemed by the court to constitute a disguised prohibition on alienation, which is contrary to the fundamental property right of free disposal, leading the court to reject the seller's claim to void the sale upon the buyer's death before final payment, as such a clause infringes upon the owner's right to transfer their property.

Regeste Legislator

Généré par l'IA

Sale Stipulation Voiding Upon Buyer's Death Held Invalid as Disguised Prohibition on Alienation: A contractual stipulation voiding a sale in the event of the buyer's death before the final payment, despite the seller having received partial payments, was deemed by the court to constitute a disguised prohibition on alienation, which is contrary to the fundamental property right of free disposal, leading the court to reject the seller's claim to void the sale upon the buyer's death before final payment, as such a clause infringes upon the owner's right to transfer their property.