JURITEXT000006954709 Généré par l'IA

Contractual Promise Subject to Loan Contingency

Numéro de cause JURITEXT000006954709

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-28

Issue du litige Partiellement admis (Partially Allowed)

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Synthèse Legislator

Généré par l'IA

A contractual promise to sell, made under the condition that the prospective buyer would first conclude a loan agreement with a third-party financial institution, was deemed not to be definitively binding as a promise to sell, but rather as a mere possibility of a sale, because the completion of the final sale was made entirely contingent upon the uncertain event of obtaining the loan, thus the contract constituted a unilateral promise subject to a suspensory condition, and the purported sale was not perfected until that condition was met.

Regeste Legislator

Généré par l'IA

Contractual Promise Subject to Loan Contingency: A contractual promise to sell, made under the condition that the prospective buyer would first conclude a loan agreement with a third-party financial institution, was deemed not to be definitively binding as a promise to sell, but rather as a mere possibility of a sale, because the completion of the final sale was made entirely contingent upon the uncertain event of obtaining the loan, thus the contract constituted a unilateral promise subject to a suspensory condition, and the purported sale was not perfected until that condition was met.