JURITEXT000006956446 Généré par l'IA

Agent Authority in Contracts for Incapacitated Principals

Numéro de cause JURITEXT000006956446

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-15

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of a building, entered into by an agent acting for a principal who was known to be legally incapacitated, was challenged on the grounds that the agent lacked the authority to contract on behalf of the incapacitated person. The court held that even if the principal lacked capacity, the agent's authority, derived from a mandate, was not automatically extinguished by the principal's subsequent incapacitation if the mandate was validly granted prior to that event, and therefore, the contract remained valid if the agent acted within the scope of that existing authority.

Regeste Legislator

Généré par l'IA

Agent Authority in Contracts for Incapacitated Principals: The court held that even if the principal lacked capacity, the agent's authority, derived from a mandate, was not automatically extinguished by the principal's subsequent incapacitation if the mandate was validly granted prior to that event, and therefore, the contract remained valid if the agent acted within the scope of that existing authority.