Failure to Appear at Deed Execution Bars Specific Performance
France (FR)
Synthèse Legislator
Généré par l'IAA party, having contracted to sell a property, failed to appear at the scheduled time for the final deed execution, and the prospective buyer subsequently sought specific performance; the court upheld the lower court's decision refusing the specific performance, reasoning that the seller's unjustified absence at the notarization constituted a material breach of the obligation to conclude the sale, allowing the buyer to seek damages rather than compelling the sale itself, as the contractual will to finalize the transfer must be demonstrated at the precise moment stipulated for the execution of the final act.
Regeste Legislator
Généré par l'IAFailure to Appear at Deed Execution Bars Specific Performance: A party, having contracted to sell a property, failed to appear at the scheduled time for the final deed execution, and the prospective buyer subsequently sought specific performance; the court upheld the lower court's decision refusing the specific performance, reasoning that the seller's unjustified absence at the notarization constituted a material breach of the obligation to conclude the sale, allowing the buyer to seek damages rather than compelling the sale itself, as the contractual will to finalize the transfer must be demonstrated at the precise moment stipulated for the execution of the final act.