Forced Execution of Property Sale Despite Vendor Refusal
Synthèse Legislator
Généré par l'IAA vendor entered into an agreement to sell a specific property to a purchaser, but subsequently failed to execute the final deed despite receiving the agreed-upon price, leading the purchaser to sue for forced execution of the sale. The Court of Cassation upheld the lower court's decision ordering the sale, reasoning that the initial contract constituted a definitive and binding agreement to sell, and the vendor's refusal to sign the final act could not negate the already perfected transfer of ownership effected by the mutual consent and fulfillment of the purchase price, thus justifying the judicial order to compel the sale.
Regeste Legislator
Généré par l'IAForced Execution of Property Sale Despite Vendor Refusal: The Court of Cassation upheld the lower court's decision ordering the sale, reasoning that the initial contract constituted a definitive and binding agreement to sell, and the vendor's refusal to sign the final act could not negate the already perfected transfer of ownership effected by the mutual consent and fulfillment of the purchase price, thus justifying the judicial order to compel the sale.