JURITEXT000006956443 Généré par l'IA

Buyer v. Seller (Specific Performance of Property Sale with Contingent Administrative Approval)

Numéro de cause JURITEXT000006956443

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-15

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

In a dispute concerning a promise to sell a property, where the prospective buyer had exercised the option to purchase but the seller subsequently refused to execute the final deed, the appellate court wrongly rejected the buyer's claim for specific performance based on the seller's argument that the required administrative authorization for the sale, which was known to both parties and contingent on the buyer fulfilling certain conditions, had not been obtained; the Court of Cassation quashed the decision, reasoning that the obligation to obtain administrative approval, being a condition subsequent to the exercise of the option, was the seller's responsibility to ensure or rely upon, and therefore did not prevent the exercise of the option from creating a binding contract enforceable by the buyer.

Regeste Legislator

Généré par l'IA

Buyer v. Seller (Specific Performance of Property Sale with Contingent Administrative Approval): In a dispute concerning a promise to sell a property, where the prospective buyer had exercised the option to purchase but the seller subsequently refused to execute the final deed, the appellate court wrongly rejected the buyer's claim for specific performance based on the seller's argument that the required administrative authorization for the sale, which was known to both parties and contingent on the buyer fulfilling certain conditions, had not been obtained; the Court of Cassation quashed the decision, reasoning that the obligation to obtain administrative approval, being a condition subsequent to the exercise of the option, was the seller's responsibility to ensure or rely upon, and therefore did not prevent the exercise of the option from creating a binding contract enforceable by the buyer.