JURITEXT000006954483 Généré par l'IA

Promise to Sell Validity Without Notarial Act

Numéro de cause JURITEXT000006954483

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-03

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract involving the sale of real property was executed without the formalities required for such transactions, leading one party to seek annulment based on the lack of a formal notarial act, and the court of appeal, having found that the underlying obligation was a simple promise to sell rather than a definitive transfer of ownership, upheld the validity of the agreement, finding that the promise to sell, though requiring a future authentic act for completion, was not voided by the absence of that act for the purpose of enforcing the underlying commitment to conclude the sale.

Regeste Legislator

Généré par l'IA

Promise to Sell Validity Without Notarial Act: A contract involving the sale of real property was executed without the formalities required for such transactions, leading one party to seek annulment based on the lack of a formal notarial act, and the court of appeal, having found that the underlying obligation was a simple promise to sell rather than a definitive transfer of ownership, upheld the validity of the agreement, finding that the promise to sell, though requiring a future authentic act for completion, was not voided by the absence of that act for the purpose of enforcing the underlying commitment to conclude the sale.