JURITEXT000006955585 Généré par l'IA

Seller's Attempted Rescission Based on Unmet Buyer-Benefit Condition Precedent

Numéro de cause JURITEXT000006955585

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-11

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, completed through a preliminary agreement, was subject to a condition precedent requiring the buyer to obtain municipal authorization to build on the property within a specified period; when the buyer failed to secure this authorization within the timeframe, the seller attempted to unilaterally rescind the agreement based on the buyer's inaction, but the court rejected the seller's claim, reasoning that the condition precedent, being solely for the benefit of the buyer, could only be waived or invoked by the buyer, and thus the seller could not rely on the unfulfilled condition to terminate the contract when the buyer had not yet declared their intention to abandon the purchase.

Regeste Legislator

Généré par l'IA

Seller's Attempted Rescission Based on Unmet Buyer-Benefit Condition Precedent: A contract for the sale of land, completed through a preliminary agreement, was subject to a condition precedent requiring the buyer to obtain municipal authorization to build on the property within a specified period; when the buyer failed to secure this authorization within the timeframe, the seller attempted to unilaterally rescind the agreement based on the buyer's inaction, but the court rejected the seller's claim, reasoning that the condition precedent, being solely for the benefit of the buyer, could only be waived or invoked by the buyer, and thus the seller could not rely on the unfulfilled condition to terminate the contract when the buyer had not yet declared their intention to abandon the purchase.