JURITEXT000006955163 Généré par l'IA

Unilateral Promise to Sell vs. Subsequent Bona Fide Sale

Numéro de cause JURITEXT000006955163

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-05

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

An individual, having entered into a contract for the sale of land with a promisee, subsequently sold the same property to a third party after receiving formal notice to finalize the initial sale, leading the first promisee to seek specific performance or damages; the court of cassation quashed the lower court's decision, reasoning that the initial unilateral promise to sell, even when formally noticed, did not transfer ownership rights immediately and therefore could not be strictly enforced against a subsequent, validly registered sale to a third party who acted in good faith, limiting the initial promisee's remedy to damages against the defaulting seller.

Regeste Legislator

Généré par l'IA

Unilateral Promise to Sell vs. Subsequent Bona Fide Sale: An individual, having entered into a contract for the sale of land with a promisee, subsequently sold the same property to a third party after receiving formal notice to finalize the initial sale, leading the first promisee to seek specific performance or damages; the court of cassation quashed the lower court's decision, reasoning that the initial unilateral promise to sell, even when formally noticed, did not transfer ownership rights immediately and therefore could not be strictly enforced against a subsequent, validly registered sale to a third party who acted in good faith, limiting the initial promisee's remedy to damages against the defaulting seller.