JURITEXT000006954390 Généré par l'IA

Usufructuary Sale Void Against Bare Owner

Numéro de cause JURITEXT000006954390

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-21

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A contract for the sale of land, entered into by a seller who was only a usufructuary and not the bare owner, was held to be void because the seller lacked the necessary right to transfer full ownership, despite the buyer acting in good faith and being unaware of the limited nature of the seller's title; the court reasoned that the principle of *nemo dat quod non habet* (one cannot give what one does not have) applies, and a sale by a usufructuary purporting to transfer full ownership exceeds the limits of their rights, thus invalidating the contract as it relates to the property rights of the bare owner.

Regeste Legislator

Généré par l'IA

Usufructuary Sale Void Against Bare Owner: A contract for the sale of land, entered into by a seller who was only a usufructuary and not the bare owner, was held to be void because the seller lacked the necessary right to transfer full ownership, despite the buyer acting in good faith and being unaware of the limited nature of the seller's title; the court reasoned that the principle of *nemo dat quod non habet* (one cannot give what one does not have) applies, and a sale by a usufructuary purporting to transfer full ownership exceeds the limits of their rights, thus invalidating the contract as it relates to the property rights of the bare owner.