JURITEXT000006954096 Généré par l'IA

Private Sale Versus Recorded Sale of Immovable Property

Numéro de cause JURITEXT000006954096

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 plaintiff, having purchased a building under a private agreement, sought to annul a subsequent sale of the same property to a third party, arguing that the third party was aware of the initial private sale and that the property transfer to the initial purchaser was perfected by the meeting of the minds, despite the absence of a formal deed, whereas the court held that the subsequent sale to the third party, who had duly recorded their title, must prevail under the law concerning the transfer of immovables, as the initial private agreement, lacking public registry, could not be opposed to the third party who acted in good faith and relied on the public records.

Regeste Legislator

Généré par l'IA

Private Sale Versus Recorded Sale of Immovable Property: A plaintiff, having purchased a building under a private agreement, sought to annul a subsequent sale of the same property to a third party, arguing that the third party was aware of the initial private sale and that the property transfer to the initial purchaser was perfected by the meeting of the minds, despite the absence of a formal deed, whereas the court held that the subsequent sale to the third party, who had duly recorded their title, must prevail under the law concerning the transfer of immovables, as the initial private agreement, lacking public registry, could not be opposed to the third party who acted in good faith and relied on the public records.