JURITEXT000006955084 Généré par l'IA

Joint Owner's Unauthorized Sale of Immovable Property Voidable

Numéro de cause JURITEXT000006955084

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-01

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, signed by one of two joint owners without the explicit or tacit authorization of the other, was deemed voidable by the non-consenting co-owner because an act of disposal of an indivised immovable requires the consent of all co-owners, as established by the relevant civil code provisions governing the administration of common property; the appellate court correctly applied this principle by invalidating the sale agreement concerning the undivided share, even though the sale was for the entirety of the property.

Regeste Legislator

Généré par l'IA

Joint Owner's Unauthorized Sale of Immovable Property Voidable: A contract for the sale of land, signed by one of two joint owners without the explicit or tacit authorization of the other, was deemed voidable by the non-consenting co-owner because an act of disposal of an indivised immovable requires the consent of all co-owners, as established by the relevant civil code provisions governing the administration of common property; the appellate court correctly applied this principle by invalidating the sale agreement concerning the undivided share, even though the sale was for the entirety of the property.