JURITEXT000006955180 Généré par l'IA

Failure to Appear at Notary Extinguishes Unilateral Promise to Sell

Numéro de cause JURITEXT000006955180

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-16

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contractual obligation to sell a property, stipulated with a definite deadline for signature of the definitive deed, was extinguished when the seller, having received formal notice to complete the sale, failed to appear before the notary on the appointed date, as the unilateral promise to sell, despite its definitive nature, was contingent upon the formal acceptance by the buyer through the required notarial deed, and the seller's failure to appear constituted a failure to meet this condition necessary for the contract's full formation, thus justifying the trial court's decision to reject the buyer's claim for specific performance.

Regeste Legislator

Généré par l'IA

Failure to Appear at Notary Extinguishes Unilateral Promise to Sell: A contractual obligation to sell a property, stipulated with a definite deadline for signature of the definitive deed, was extinguished when the seller, having received formal notice to complete the sale, failed to appear before the notary on the appointed date, as the unilateral promise to sell, despite its definitive nature, was contingent upon the formal acceptance by the buyer through the required notarial deed, and the seller's failure to appear constituted a failure to meet this condition necessary for the contract's full formation, thus justifying the trial court's decision to reject the buyer's claim for specific performance.