JURITEXT000006954930 Généré par l'IA

Nullification of Sale Due to Knowledge of Prior Promise with Withdrawal Right

Numéro de cause JURITEXT000006954930

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-04

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party, having entered into a promise to sell a property with a right of withdrawal for the buyer, subsequently sold the property to a third party who was aware of the prior promise and the stipulations regarding the withdrawal right, leading the initial promisee to seek nullification of the second sale. The court upheld the decision to annul the subsequent sale, reasoning that the third-party purchaser, having full knowledge of the prior agreement and the specific condition granting the right of withdrawal, was complicit in the breach of the obligation of the promisor, justifying the nullification of the sale made in violation of the established contractual right.

Regeste Legislator

Généré par l'IA

Nullification of Sale Due to Knowledge of Prior Promise with Withdrawal Right: The court upheld the decision to annul the subsequent sale, reasoning that the third-party purchaser, having full knowledge of the prior agreement and the specific condition granting the right of withdrawal, was complicit in the breach of the obligation of the promisor, justifying the nullification of the sale made in violation of the established contractual right.