Share Sale Contract Finality vs. Authorization Condition
Synthèse Legislator
Généré par l'IAA contract for the sale of shares was definitively concluded upon the seller's acceptance of the buyer's offer, despite a subsequent stipulation that the transfer would only become effective upon the delivery of a required authorization, because the parties' intent, as evidenced by the precise terms of their agreement, established that the finality of the sale was not contingent upon this administrative formality, leading the court to quash the lower court's decision which had considered the contract unformed pending the authorization.
Regeste Legislator
Généré par l'IAShare Sale Contract Finality vs. Authorization Condition: A contract for the sale of shares was definitively concluded upon the seller's acceptance of the buyer's offer, despite a subsequent stipulation that the transfer would only become effective upon the delivery of a required authorization, because the parties' intent, as evidenced by the precise terms of their agreement, established that the finality of the sale was not contingent upon this administrative formality, leading the court to quash the lower court's decision which had considered the contract unformed pending the authorization.