JURITEXT000006953875 Généré par l'IA

Rescission Judgment Bars Subsequent Claims for Restitution and Damages

Numéro de cause JURITEXT000006953875

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-16

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A purchaser, having obtained a judgment for rescission of a sale due to latent defects and been ordered to return the purchased property, subsequently sought to recover the price paid and damages, but the court rejected this claim because the initial judgment, which dissolved the sale retroactively, implicitly ruled on all consequential claims arising from the breach, including the buyer's right to restitution of the price and damages, thereby precluding a subsequent, separate action on the same grounds.

Regeste Legislator

Généré par l'IA

Rescission Judgment Bars Subsequent Claims for Restitution and Damages: A purchaser, having obtained a judgment for rescission of a sale due to latent defects and been ordered to return the purchased property, subsequently sought to recover the price paid and damages, but the court rejected this claim because the initial judgment, which dissolved the sale retroactively, implicitly ruled on all consequential claims arising from the breach, including the buyer's right to restitution of the price and damages, thereby precluding a subsequent, separate action on the same grounds.