JURITEXT000006955265 Généré par l'IA

Specific Performance Barred by Subsequent Good Faith Sale

Numéro de cause JURITEXT000006955265

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-31

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A party contracted to sell a property with an attached plot of land, and later sold the property separately to a third party without including the plot as stipulated in the initial contract; the court of cassation quashed the lower court's decision which had ordered the specific execution of the first contract, reasoning that the subsequent sale of the property rendered the specific performance of the earlier agreement to sell the entire property, including the plot, impossible to fulfill against the third-party purchaser who had acted in good faith.

Regeste Legislator

Généré par l'IA

Specific Performance Barred by Subsequent Good Faith Sale: A party contracted to sell a property with an attached plot of land, and later sold the property separately to a third party without including the plot as stipulated in the initial contract; the court of cassation quashed the lower court's decision which had ordered the specific execution of the first contract, reasoning that the subsequent sale of the property rendered the specific performance of the earlier agreement to sell the entire property, including the plot, impossible to fulfill against the third-party purchaser who had acted in good faith.