JURITEXT000006954493 Généré par l'IA

Contract Annulment Based on Unstipulated Right of Preemption

Numéro de cause JURITEXT000006954493

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-23

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party sought to annul a contract for the sale of property, claiming the seller had reserved a right of preemption, but the deed of sale did not explicitly mention this right, leading to a dispute over whether the reservation was validly established. The court rejected the appeal, reasoning that the preemption right, to be enforceable against third parties or binding in this context, must be clearly and expressly stipulated in the deed of sale, and in the absence of such clear evidence in the instrument itself, the claim for annulment based on an unrecorded or ambiguously stated right of preemption could not stand.

Regeste Legislator

Généré par l'IA

Contract Annulment Based on Unstipulated Right of Preemption: The court rejected the appeal, reasoning that the preemption right, to be enforceable against third parties or binding in this context, must be clearly and expressly stipulated in the deed of sale, and in the absence of such clear evidence in the instrument itself, the claim for annulment based on an unrecorded or ambiguously stated right of preemption could not stand.