Vendor v. Buyer Regarding Rescission of Sale Subject to Resolutory Condition
France (FR)
Synthèse Legislator
Généré par l'IAA vendor, having sold equipment subject to a resolutory condition requiring payment by installments, sued the buyer for rescission of the sale and repossession of the equipment after the buyer defaulted on payments, but the lower court denied the claim based on the general principle that a resolutory condition is ineffective against third parties who subsequently acquired rights over the property, which the Supreme Court found to be a correct application of the law, affirming the lower court's decision as the contract's resolutory condition could not prejudice the rights of a third party who had subsequently and in good faith acquired an enforceable right in the absence of any specific legal provision to the contrary.
Regeste Legislator
Généré par l'IAVendor v. Buyer Regarding Rescission of Sale Subject to Resolutory Condition: A vendor, having sold equipment subject to a resolutory condition requiring payment by installments, sued the buyer for rescission of the sale and repossession of the equipment after the buyer defaulted on payments, but the lower court denied the claim based on the general principle that a resolutory condition is ineffective against third parties who subsequently acquired rights over the property, which the Supreme Court found to be a correct application of the law, affirming the lower court's decision as the contract's resolutory condition could not prejudice the rights of a third party who had subsequently and in good faith acquired an enforceable right in the absence of any specific legal provision to the contrary.