JURITEXT000006954841 Généré par l'IA

Waiver of Condition Precedent in Lease Extension by Continued Occupancy

Numéro de cause JURITEXT000006954841

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-25

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

An individual who signed a lease extension agreement, unaware that the co-lessee had not yet signed, later sought to nullify the extension, arguing that the condition precedent of the co-lessee's signature had not been met, but the court affirmed the trial court's decision, reasoning that by continuing to occupy the premises and pay rent after the deadline for the co-lessee's signature had passed without objection, the initiating party had tacitly accepted the lease extension under the terms agreed upon, thereby waiving their right to rely on the lack of the other signature as a ground for nullity.

Regeste Legislator

Généré par l'IA

Waiver of Condition Precedent in Lease Extension by Continued Occupancy: An individual who signed a lease extension agreement, unaware that the co-lessee had not yet signed, later sought to nullify the extension, arguing that the condition precedent of the co-lessee's signature had not been met, but the court affirmed the trial court's decision, reasoning that by continuing to occupy the premises and pay rent after the deadline for the co-lessee's signature had passed without objection, the initiating party had tacitly accepted the lease extension under the terms agreed upon, thereby waiving their right to rely on the lack of the other signature as a ground for nullity.