JURITEXT000006954481 Généré par l'IA

Contract Validity Based on Future Price Determination by Notary

Numéro de cause JURITEXT000006954481

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-02

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A party sued to annul a contract for the sale of an immovable property, arguing that the essential element of the price was not fixed but was merely referred to a future determination by a notary, which constituted an agreement to agree rather than a complete contract; the court held that while the price must be determined or determinable for a sale contract to be valid, a mere reference to a future determination by a designated third party, such as a notary, does not render the price indeterminate if the parties have clearly consented to such a mechanism, meaning the requirement for a set price was met because the method of final determination was established by mutual consent, thus affirming the validity of the contract.

Regeste Legislator

Généré par l'IA

Contract Validity Based on Future Price Determination by Notary: A party sued to annul a contract for the sale of an immovable property, arguing that the essential element of the price was not fixed but was merely referred to a future determination by a notary, which constituted an agreement to agree rather than a complete contract; the court held that while the price must be determined or determinable for a sale contract to be valid, a mere reference to a future determination by a designated third party, such as a notary, does not render the price indeterminate if the parties have clearly consented to such a mechanism, meaning the requirement for a set price was met because the method of final determination was established by mutual consent, thus affirming the validity of the contract.