JURITEXT000006955745 Généré par l'IA

Conditional Land Sale Termination Due to Untimely Authorization

Numéro de cause JURITEXT000006955745

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-12

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, stipulating that the final deed was conditional upon the seller obtaining authorization from a supervisory authority within a set timeframe, was deemed to have been terminated by operation of law when the seller failed to secure the necessary authorization within the specified period, as the condition precedent to the sale's finalization lapsed, and the court upheld this termination, reasoning that the explicit contractual deadline for obtaining the required administrative approval made the lack of timely authorization equivalent to a non-realization of the essential suspensive condition, thereby nullifying the agreement without requiring a formal judicial rescission.

Regeste Legislator

Généré par l'IA

Conditional Land Sale Termination Due to Untimely Authorization: A contract for the sale of land, stipulating that the final deed was conditional upon the seller obtaining authorization from a supervisory authority within a set timeframe, was deemed to have been terminated by operation of law when the seller failed to secure the necessary authorization within the specified period, as the condition precedent to the sale's finalization lapsed, and the court upheld this termination, reasoning that the explicit contractual deadline for obtaining the required administrative approval made the lack of timely authorization equivalent to a non-realization of the essential suspensive condition, thereby nullifying the agreement without requiring a formal judicial rescission.