JURITEXT000006954850 Généré par l'IA

Seller's Right to Prove Non-Payment Despite Notarial Deed in Land Sale Contract

Numéro de cause JURITEXT000006954850

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-26

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A dispute arose concerning the validity of a contract for the sale of land where the seller subsequently sought to have the sale declared null due to the buyer's failure to pay the full price, despite the notary's deed attesting to the payment. The court ruled that even if the notary's deed indicates full payment, the seller can still prove, by all permissible means, that the actual price was lower than stated or that payment was not fully made, as the formal act does not preclude evidence demonstrating the true nature of the transaction regarding the consideration, thus reversing the lower court's decision that relied solely on the presumption of truthfulness of the notarial act regarding payment.

Regeste Legislator

Généré par l'IA

Seller's Right to Prove Non-Payment Despite Notarial Deed in Land Sale Contract: The court ruled that even if the notary's deed indicates full payment, the seller can still prove, by all permissible means, that the actual price was lower than stated or that payment was not fully made, as the formal act does not preclude evidence demonstrating the true nature of the transaction regarding the consideration, thus reversing the lower court's decision that relied solely on the presumption of truthfulness of the notarial act regarding payment.