JURITEXT000006956308 Généré par l'IA

Specific Performance of Land Sale Contract Limited to Damages Upon Seller's Withdrawal Before Definitive Court Order

Numéro de cause JURITEXT000006956308

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-02

Issue du litige Partiellement admis (Partially Allowed)

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Synthèse Legislator

Généré par l'IA

The dispute arose from a promise to sell real estate where the seller subsequently refused to execute the final deed, despite the buyer having fulfilled their obligations under the preliminary agreement, prompting the buyer to seek forced execution; the court of appeal, finding the seller's unilateral refusal unjustified, ordered the transfer of ownership, but the highest court quashed this decision, reasoning that while a valid promise to sell creates a right for the buyer to demand execution, if the seller withdraws their consent before the formal deed is signed, the buyer's remedy is limited to damages, as the seller is not legally compelled to proceed with the final conveyance against their will, provided the withdrawal occurred before any court order definitively replaced the seller's consent.

Regeste Legislator

Généré par l'IA

Specific Performance of Land Sale Contract Limited to Damages Upon Seller's Withdrawal Before Definitive Court Order: The dispute arose from a promise to sell real estate where the seller subsequently refused to execute the final deed, despite the buyer having fulfilled their obligations under the preliminary agreement, prompting the buyer to seek forced execution; the court of appeal, finding the seller's unilateral refusal unjustified, ordered the transfer of ownership, but the highest court quashed this decision, reasoning that while a valid promise to sell creates a right for the buyer to demand execution, if the seller withdraws their consent before the formal deed is signed, the buyer's remedy is limited to damages, as the seller is not legally compelled to proceed with the final conveyance against their will, provided the withdrawal occurred before any court order definitively replaced the seller's consent.