JURITEXT000006954066 Généré par l'IA

Waiver of Contract Nullity Through Acceptance of Partial Performance

Numéro de cause JURITEXT000006954066

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-25

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

The case involved a contractual dispute where one party, having accepted partial performance of an obligation, subsequently sought to invoke the nullity of the entire contract based on a breach of the unperformed portion; the court rejected the appeal, reasoning that acceptance of partial performance constitutes a tacit confirmation or waiver of the right to seek nullity for the remaining non-performance, as continued execution implies acceptance of the modified or partially fulfilled agreement, thereby precluding a later claim that the unperformed part invalidates the whole contract.

Regeste Legislator

Généré par l'IA

Waiver of Contract Nullity Through Acceptance of Partial Performance: The case involved a contractual dispute where one party, having accepted partial performance of an obligation, subsequently sought to invoke the nullity of the entire contract based on a breach of the unperformed portion; the court rejected the appeal, reasoning that acceptance of partial performance constitutes a tacit confirmation or waiver of the right to seek nullity for the remaining non-performance, as continued execution implies acceptance of the modified or partially fulfilled agreement, thereby precluding a later claim that the unperformed part invalidates the whole contract.