JURITEXT000006956012 Généré par l'IA

Breach of Land Sale Contract Due to Failure to Obtain Condition Precedent

Numéro de cause JURITEXT000006956012

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-07

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, stipulating a future fixed-price sale upon the fulfillment of a resolutory condition concerning urban planning authorization, was deemed to have been breached when the promisor, who was obligated to secure the authorization, failed to obtain it within the agreed time, even though the court found that the resolutory condition was exclusively within the promisor's power to fulfill; the court reasoned that the promisor's failure to act, which directly prevented the condition's fulfillment and the finalization of the sale, constituted a fault justifying the contract's termination and damages, as the obligation to pursue the authorization was an essential part of the preliminary agreement.

Regeste Legislator

Généré par l'IA

Breach of Land Sale Contract Due to Failure to Obtain Condition Precedent: A contract for the sale of land, stipulating a future fixed-price sale upon the fulfillment of a resolutory condition concerning urban planning authorization, was deemed to have been breached when the promisor, who was obligated to secure the authorization, failed to obtain it within the agreed time, even though the court found that the resolutory condition was exclusively within the promisor's power to fulfill; the court reasoned that the promisor's failure to act, which directly prevented the condition's fulfillment and the finalization of the sale, constituted a fault justifying the contract's termination and damages, as the obligation to pursue the authorization was an essential part of the preliminary agreement.