JURITEXT000006953871 Généré par l'IA

Seller's Attempted Revocation of Notarized Sale Deed Rejected in Favor of Original Public Deed Registration

Numéro de cause JURITEXT000006953871

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-03

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A seller, who had previously transferred the ownership of a property to a buyer via a notarized deed, subsequently attempted to revoke the sale, claiming the transfer was a gift made under duress, by obtaining a contradictory judgment, which the buyer then used to oppose the entry of the original deed into public property records, leading the Court of Cassation to rule that the initial, duly executed public deed of sale, which had not been subject to a final nullification, remained the definitive title, and the buyer's right to have the transfer recorded in the public register was therefore upheld against the seller's subsequent attempt to reverse the transaction via a separate, unfinalized judgment.

Regeste Legislator

Généré par l'IA

Seller's Attempted Revocation of Notarized Sale Deed Rejected in Favor of Original Public Deed Registration: A seller, who had previously transferred the ownership of a property to a buyer via a notarized deed, subsequently attempted to revoke the sale, claiming the transfer was a gift made under duress, by obtaining a contradictory judgment, which the buyer then used to oppose the entry of the original deed into public property records, leading the Court of Cassation to rule that the initial, duly executed public deed of sale, which had not been subject to a final nullification, remained the definitive title, and the buyer's right to have the transfer recorded in the public register was therefore upheld against the seller's subsequent attempt to reverse the transaction via a separate, unfinalized judgment.