JURITEXT000006953876 Généré par l'IA

Oral Modification Vitiating Written Arbitration Clause

Numéro de cause JURITEXT000006953876

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-16

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A party, having received a lease agreement containing an arbitration clause, signed the agreement only after being assured by the other party that the clause would be removed, a representation that was not reflected in the final signed document, leading the first party to later challenge the validity of the arbitration agreement. The court held that the prior oral agreement modifying the written contract, even if not formally incorporated into the final signed document, could be proven by all means, including testimony, to demonstrate the true mutual intent of the parties regarding the submission to arbitration, thereby justifying the cassation of a decision that had solely relied on the written text.

Regeste Legislator

Généré par l'IA

Oral Modification Vitiating Written Arbitration Clause: The court held that the prior oral agreement modifying the written contract, even if not formally incorporated into the final signed document, could be proven by all means, including testimony, to demonstrate the true mutual intent of the parties regarding the submission to arbitration, thereby justifying the cassation of a decision that had solely relied on the written text.