JURITEXT000006956212 Généré par l'IA

Tenant's Refusal Constitutes Waiver of Preemption Right in Commercial Sale

Numéro de cause JURITEXT000006956212

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-06

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract for the sale of a commercial building, which was subject to a right of preemption held by the tenant, was validly formed between the seller and a third-party purchaser when the tenant, having been properly notified of the offer, explicitly stated they did not wish to exercise their right, and the court upheld the sale, reasoning that the preemption right only grants a right of priority for a set period, and the tenant's clear and unequivocal waiver, through their stated refusal to purchase, legally extinguished that right, allowing the seller to proceed with the sale to the third party.

Regeste Legislator

Généré par l'IA

Tenant's Refusal Constitutes Waiver of Preemption Right in Commercial Sale: A contract for the sale of a commercial building, which was subject to a right of preemption held by the tenant, was validly formed between the seller and a third-party purchaser when the tenant, having been properly notified of the offer, explicitly stated they did not wish to exercise their right, and the court upheld the sale, reasoning that the preemption right only grants a right of priority for a set period, and the tenant's clear and unequivocal waiver, through their stated refusal to purchase, legally extinguished that right, allowing the seller to proceed with the sale to the third party.