JURITEXT000006956448 Généré par l'IA

Prior Unregistered Sale vs. Subsequent Registered Sale of Immovable Property

Numéro de cause JURITEXT000006956448

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-16

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A vendor, having sold an immovable property to a buyer under a private deed, subsequently sold the same property to a second buyer under a deed that was duly registered, and this second buyer took immediate possession; the court, citing the principle that the effect of a prior unregistered sale concerning immovable property can only be asserted against third parties, including a subsequent purchaser in good faith who has completed registration and taken possession, held that the second buyer, having complied with the required publicity formalities and taken possession, had priority over the first buyer whose title remained unrecorded, thereby upholding the lower court's decision that affirmed the validity of the second sale.

Regeste Legislator

Généré par l'IA

Prior Unregistered Sale vs. Subsequent Registered Sale of Immovable Property: A vendor, having sold an immovable property to a buyer under a private deed, subsequently sold the same property to a second buyer under a deed that was duly registered, and this second buyer took immediate possession; the court, citing the principle that the effect of a prior unregistered sale concerning immovable property can only be asserted against third parties, including a subsequent purchaser in good faith who has completed registration and taken possession, held that the second buyer, having complied with the required publicity formalities and taken possession, had priority over the first buyer whose title remained unrecorded, thereby upholding the lower court's decision that affirmed the validity of the second sale.